The tariff classification of two polyethylene plastics coated textile fabrics, for use as bottom board enclosures in the manufactured housing industry, etc., from China.

NY M82153 April 19, 2006 CLA-2-59:RR:NC:TA:350 M82153 CATEGORY: Classification TARIFF NO.: 5903.90.2500 Mr. Marty Rottenberg Shepherd Distribution Company 53293 Marina Drive Elkhart, Indiana 46514 RE: The tariff classification of two polyethylene plastics coated textile fabrics, for use as bottom board enclosures in the manufactured housing industry, etc., from China. Dear Mr. Rottenberg: In your letter dated April 5, 2006, you requested a classification ruling. You write, as per the samples submitted, that you will importing this material in two variations as follows: The first item, identified as Mobile Flex II, consists of a woven fabric composed of high-density black-pigmented polyethylene plastic strips. These strips measure less than 5 mm in apparent width and, therefore, are considered to be textile for tariff purposes. This fabric has been visibly coated on one side with a low density polyethylene plastics material, which is also black in color.  You provided the following technical information for this material: Wt. Of Fabric: 50 g/m² (62.5%) Wt. Of PE: 30 g/m² (37.5%) Total Wt.: 80 g/m² (100%) The second item, identified as Shepweave II, consists of a woven fabric composed of high-density black-pigmented polyethylene plastic strips. These strips measure less than 5 mm in apparent width and, therefore, are considered to be textile for tariff purposes. This fabric has also been visibly coated on one side with a low polyethylene plastics material, which is also black in color.  You provided the following technical information for this material: Wt. Of Fabric: 40 g/m² (57.1%) Wt. Of PE: 30 g/m² (42.9%) Total Wt.: 70 g/m² (100%) You indicate that these materials will be imported in large rolls (which may be folded) measuring 3,000 linear feet in length and having widths up to 235 inches. The applicable subheading for the two materials will be 5903.90.2500 Harmonized Tariff Schedule of the United States (HTSUS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, with polyurethane, of man-made fibers, not over 70 percent by weight of rubber or plastics. The rate of duty will be 7.5 percent ad valorem. This merchandise falls within textile category designation 229. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 Deborah Walsh at 646-733-3044. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division