HQ 954884: Classification of narrow woven textile fabric made ofpolypropylene; polypropylene tapes; selvages; selvedges; Note 5,Chapter 58, HTSUS

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 954884

                        January 12, 1994

CLA-2 CO:R:C:T 954884 BC

CATEGORY:  Classification

TARIFF NO.:  5806.32.2000

S.K. Exports
9 Chatrabhuj Jivandas House
285 Princess Street
Bombay,-400 002 India

RE:  Classification of narrow woven textile fabric made of
polypropylene; polypropylene tapes; selvages; selvedges; Note 5,
Chapter 58, HTSUS

Dear Sir:

     This responds to your letter of May 8, 1993, wherein you
requested a binding classification ruling for polypropylene
tapes.  We have reviewed the matter and our decision follows.

FACTS:

     The merchandise at issue is described as polypropylene tapes
in rolls of 45 to 50 meters and widths from 1/2 inch to 2 inches. 
You submitted a sample for our examination.  The sample is a
narrow woven textile fabric measuring 1 inch wide.  It is made of
black nontextured 100% polypropylene multifilament yarns.  The
tape has two woven fast edges, or selvages.

ISSUE:

     What is the proper classification for the narrow woven
textile fabric at issue?

LAW AND ANALYSIS:

     Classification under the Harmonized Tariff Schedule of the
United States (HTSUS) is governed by the General Rules of
Interpretation (GRI).  GRI 1 provides that classification is
determined in accordance with the terms of the headings and any
relative section or chapter notes.  Where goods cannot be
classified solely on the basis of GRI 1, the remaining rules will
be applied in sequential order. 

     Heading 5806, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), covers, inter alia, narrow woven
fabrics, other than goods of heading 5807, HTSUSA (labels, badges
and similar articles of textile materials).  Note 5 to Chapter
58, HTSUSA, defines "narrow woven fabrics" of heading 5806,
HTSUSA, in pertinent part, as follows:

     (a) Woven fabrics of a width not exceeding 30 cm,
     whether woven as such or cut from wider pieces,
     provided with selvages (woven, gummed or otherwise
     made) on both edges. 

"Selvage" is defined in the Man-Made Fiber and Textile Dictionary
(Celanese Corporation) as follows:

     [t]he narrow edge of woven fabric that runs parallel to
     the warp. It is [often] made with stronger yarns in a
     tighter construction than the body of the fabric to
     prevent raveling. A fast selvage encloses all or part
     of the picks [a filling thread or yarn running
     horizontally in woven goods], and a selvage is not fast
     when the filling threads are cut at the fabric edge
     after every pick.

The primary purpose of a selvage is to prevent the unravelling of
the fabric at the edge.  It is a feature incorporated into the
fabric during the weaving of it; it is not added afterward.  As
stated above, "narrow woven fabric" of heading 5806, HTSUSA, must
have a selvage on both edges.

     Since the polypropylene tapes at issue measure less than 30
cm in width and contain two woven fast edges, or selvages, as
indicated by the sample, they qualify as "narrow woven fabrics"
under heading 5806, HTSUSA.

HOLDING:

     The polypropylene tapes at issue, imported in rolls in a
range of widths from 1/2 inch to 2 inches, are classifiable under
subheading 5806.32.2000, HTSUSA, as narrow woven fabrics, other
than goods of heading 5807; other woven fabrics; of man-made
fibers; other.  The applicable rate of duty is 7% ad valorem, and
the applicable textile quota category is 229.

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
part categories 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 issuance
of the U.S. Customs Service, which is updated weekly and is
available at your local Customs office.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or
requirements.

                               Sincerely,




                               John Durant, Director
                               Commercial Rulings Division