CLA-2-54:RR:NC:TA:352
Mr. Donald J. Gaudet Jr.
J & M Industries, Inc.
300 Ponchatoula Parkway
Ponchatoula, LA 70454
RE: The tariff classification of two 100% polypropylene plain woven fabrics from China, India or Turkey.
Dear Mr. Gaudet Jr.:
In your letter dated January 18, 2007 you requested a classification ruling.
Two samples of woven fabric accompanied your request for a ruling. The first, designated as style # 77081, is a plain woven fabric composed of 100% polypropylene. It is constructed with polypropylene strip measuring between 1 and 2 millimeters in width. These strips meet the dimensional requirements to be considered textile strip. The fabric contain approximately 20 strips per inch in the warp and 13 strips per inch in the filling. Weighing 237.4 g/m2, this fabric will be imported in a variety of widths ranging between 183 centimeters and 381 centimeters. This product has been coated on one side with a clear application of polypropylene plastic, however, the plastic coating is not visible to the naked eye. Your correspondence indicates that this item will be used in the manufacture of tarpaulins.
Style # 7847 is a plain woven fabric composed of 100% polypropylene. It is constructed with polypropylene strip measuring between 1 and 2 millimeters in width. These strips meet the dimensional requirements to be considered textile strip. The fabric contain approximately 20 strips per inch in the warp and 13 strips per inch in the filling. Weighing 237.4 g/m2, this fabric will be imported in a variety of widths ranging between 183 centimeters and 381 centimeters. This product has been coated on one side with a clear application of polypropylene plastic, however, the plastic coating is not visible to the naked eye. Your correspondence indicates that this item will be used in the manufacture of tarpaulins and has been treated to make it flame retardant.
Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to:
(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:
(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;
(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)
(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);
(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);
Since the plastic coatings on the fabrics designated as style numbers 77081 and 7847 are not visible to the naked eye, these fabric are not considered coated fabrics either for the purposes of classification in heading 5903, HTS, as coated fabrics of textile nor as plastic products of chapter 39.
The applicable subheading for the two plain woven polypropylene fabrics designated as style numbers 77081 and 7847 will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Both fabrics fall within textile category 620. At the present time goods produced in China that fall within textile category 620 are subject to quota restraints and visa requirements. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division