The tariff classification of a plain woven fabric made from polypropylene strip and a laminated fabric made from two plain woven fabrics assembled in layers made in the United Kingdom.

NY H85568 August 30, 2001 CLA-2-54:RR:NC:TA:352 H85568 CATEGORY: Classification TARIFF NO.: 5407.20.0000 Mr. Frank Gonzalez Quality Customs Brokers, Inc. 2200 Landmeier Road Elk Grove Village, IL 60007 RE: The tariff classification of a plain woven fabric made from polypropylene strip and a laminated fabric made from two plain woven fabrics assembled in layers made in the United Kingdom. Dear Mr. Gonzalez: In your letter dated August 27, 2001, on behalf of your client Bulk Lift International Inc., you requested a tariff classification ruling. Two samples of fabric accompanied your request for a ruling. The first, designated as “S/R Laminate” style numbers 72.4405.801(if made with white strips) and 72.4405.831(if made with a green weft), is a laminated fabric assembled in layers by means of a polypropylene adhesive. The adhesive is not visible to the naked eye when the laminated product is examined in cross section. Each of the layers is a plain woven fabric consisting principally of polypropylene strips that measure between 2.35 millimeters and 4.05 millimeters in width. All the strips meet the dimensional requirements to be considered textile strips and consequently the fabrics made from these strips are considered textile fabrics. One of the fabrics forming this laminated product weighs 204 g/m2, while the other weighs 64 g/m2. The combined weight of the laminated fabric including the weight of the adhesive is 303 g/m2. This product will be imported in 107 centimeter widths. Every 2 centimeters in the warp direction of both layers of the laminated product a conductive yarn has been woven into the fabrics. The conductive yarn is composed of 80% polyester fiber and 20% steel fiber. This conductive yarn represents less than 1% of the weight of the fabric and has been inserted as a mechanism for reducing static electricity. Style “S/R Lightweight” style numbers 73.1403.801(if made with white strips) and 73.1403.831( if made with a green weft) is a plain woven fabric constructed principally from polypropylene strip that measures 2.35 millimeters in width. These strips meet the dimensional requirements to be considered textile strips and thus the fabric woven from them is considered a textile fabric. 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. Weighing 89 g/m2, this fabric will be imported in 122 centimeter widths. Every 2 centimeters in the warp direction a conductive yarn has been woven into the fabrics. The conductive yarn is composed of 80% polyester fiber and 20% steel fiber. This conductive yarn represents less than 1% of the weight of the fabric and has been inserted as a mechanism for reducing static electricity. 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); 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 coating on both these fabrics is not visible to the naked eye, they are not considered coated fabrics either for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39. The applicable subheading for both the “S/R Laminate” and the “S/R Lightweight” will be 5407.20.0000, Harmonized Tariff Schedule of the United States (HTS), 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 rate of duty will be 5.1 percent ad valorem. 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 212-637-7092. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division