The tariff classification of five plastics coated textile fabrics (tarpaulin type material), from China.

N004131 December 18, 2006 CLA-2-39:RR:NC:TA:350 CATEGORY: Classification TARIFF NO.: 3921.90.1950; 5407.20.0000 Ms. Joyce A. Frase Schott International, Inc. P.O. Box 7152 Akron, OH 44306 RE: The tariff classification of five plastics coated textile fabrics (tarpaulin type material), from China. Dear Ms. Frase: In your letter dated December 1, 2006, you requested a classification ruling. You submitted five representative samples, which were identified as styles Poultry Curtain, BW400-YDI, BB200-YD1, M100-YD1 and SW300-YD1, respectively. The first item, style Poultry Curtain, consists of a woven fabric (14 x 14) constructed from white pigmented polyethylene plastic strips measuring less than 5 mm in apparent width, and, as such, are considered to be of textile material for tariff purposes. This fabric has been coated on both sides with a clear plastics material, which is not in sufficient quantity to be visible to the naked eye. This material will be imported as roll goods and weighs 6 ounces per square yard. The second item, style BW400-YDI, consists of a woven fabric (7 x 7) constructed from black pigmented polyethylene plastic strips measuring less than 5 mm in apparent width, and, as such, are considered to be of textile material for tariff purposes. This fabric has been visibly coated on one side with a white pigmented plastics material and a black pigmented plastic on the other. This material will be imported as roll goods and weighs 3.4 ounces per square yard. The third item, style BB200-YD1, consists of a woven fabric (14 x 16) constructed from clear polyethylene plastic strips measuring less than 5 mm in apparent width, and, as such, are considered to be of textile material for tariff purposes. This fabric has been visibly coated on both sides with a black-pigmented plastics material, which is in sufficient quantity to be visible to the naked eye. This material will be imported as roll goods and weighs 8 ounces per square yard. The fourth item, style M100-YD1, consists of a woven fabric (10 x 8) constructed from clear polyethylene plastic strips measuring less than 5 mm in apparent width, and, as such, are considered to be of textile material for tariff purposes. This fabric has been visibly coated on both sides with a blue-pigmented polyethylene plastics material, which is visible to the naked eye. This material will be imported as roll goods and weighs 2.5 ounces per square yard. The fifth and final item, style SW300-YD1, consists of a woven fabric (10 x 9) constructed from black pigmented polyethylene plastic strips measuring less than 5 mm in apparent width, and, as such, are considered to be of textile material for tariff purposes. This fabric has been visibly coated on one side with a white-pigmented polyethylene plastics material and a similarly visible silver pigmented polyethylene plastics coating on the other. This material will be imported as roll goods and weighs 6 ounces per square yard. The applicable subheading for the style Poultry Curtain 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. The applicable subheading for styles BW400-YD1, BB200YD1, M100-YD1 and SW300-YD1 will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, other than cellular, combined with a single textile material, other, weighing not more than 1.492 kg/m². The rate of duty will be 5.3 percent ad valorem. Style Poultry Curtain falls within textile category 620. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise, which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. 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 Deborah Walsh at 646-733-3044. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division