The tariff classification of polypropylene woven fabric from Mexico.

NY 893905 February 1, 1994 CLA-2-54:S:N:N6:352 893905 CATEGORY: Classification TARIFF NO.: 5407.20.0000 Mr. David Kalal Schott International, Inc. P. O. Box 7152 Akron, OH 44306-0152 RE: The tariff classification of polypropylene woven fabric from Mexico. Dear Mr. Kalal: In your letter dated January 10, 1994, you requested a tariff classification ruling. The submitted sample is a plain woven fabric composed of 100% polypropylene. This textile product has been coated on one side with polypropylene. It is manufactured with polypropylene strips that measure approximately 3 millimeters (mm) in width. The fabric contains 13.5 strips per inch in the warp and 12.3 strips per inch in the filling. This fabric will be imported in various widths up to 8 feet. 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. 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 plastics material (compact or cellular), other than: (1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color; Since the polypropylene coating on this fabric is not visible to the naked eye, it is not classifiable in heading 5903, HTS. The applicable tariff provision for the polypropylene woven fabric will be 5407.20.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, woven fabrics obtained from strip or the like. The general rate of duty will be 17 percent ad valorem. Textile merchandise which does not qualify as "originating" under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Mexico and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. The merchandise described in this ruling falls within textile category designation 620. Since quota and visa restrictions are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport