HQ 086644: Woven plastic strip laminated on one side with a clear plastic film invisible to the naked eye is not classifiable in heading 5903 pursuant to Note 2(a)(1), Chapter 59

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.

1




                            HQ 086644

                          June 1, 1990



CLA-2 CO:R:C:G 086644 CRS

CATEGORY:  Classification

TARIFF NO.:  5407.20.0000

Mr. R. L. Rastogi
Paramount Trading Corp.
11th Floor
131 West 35th Street
New York, NY 10001-2111

RE:  Woven plastic strip laminated on one side with a clear
     plastic film invisible to the naked eye is not classifiable
     in heading 5903 pursuant to Note 2(a)(1), Chapter 59

Dear Mr. Rastogi:

     This is in reply to your letters dated January 15, 1990, and
January 31, 1990, concerning the classification of polypropylene
packing material under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA).

FACTS:

     The material in question is a fabric woven from cut pieces
of clear polypropylene and will be used to wrap bales.  The cut
pieces are of 1,000 denier construction with a 12 x 8 count.  One
side of the fabric is laminated with clear polypropylene plastic
film 0.75 mil or 18.75 microns thick.  You state that the fabric
alone weighs 88 g/m, while the lamination weighs 12.325 g/m.  The
individual woven strips are approximately 2.10 mm to 2.25 mm wide
in the warp, and approximately 3.15 mm to 3.20 mm wide in the
weft.

     The cut pieces in question will be imported in the following
sizes:  28" x 59"; 28" x 63"; 37" x 170"; 37" x 182"; 48" x 112";
and 52" x 112".  The fabric is manufactured in India and will be
imported through the port of Charleston, South Carolina.

     The submitted sample is of different construction than the
material to be imported, as material of the above specifications
is unavailable.  The sample material actually provided has a
count of 10 x 10 and is laminated with a plastic film 1 mil or 25
microns thick.

ISSUE:

     Whether the transparent polypropylene film applied to the
material in question is visible to the naked eye such that it is
classifiable in heading 5903, HTSUSA.

LAW AND ANALYSIS:

     Note 2, Chapter 59, HTSUSA, provides in pertinent part that
heading 5903 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 purpose of this
          provision, no account should be taken of any resulting
          change in color.

The material in question has been laminated with a thin layer of
clear polypropylene plastic film which is invisible to the naked
eye; consequently, it is not classifiable in heading 5903,
HTSUSA.

HOLDING:

     The sample merchandise is classifiable in subheading
5407.20.0000, HTSUSA, under the provision for woven fabrics of
synthetic filament yarn, including woven fabrics obtained from
materials of heading 5404, woven fabrics obtained from strip or
the like, and is dutiable at 17 percent ad valorem.  The textile
category is 620.  Assuming that the lamination applied to the
imported merchandise, which is thinner (0.75 mil) than that
applied to the sample fabric (1 mil) is also invisible to the
naked eye, the imported merchandise will similarly be
classifiable in subheading 5407.20.0000, HTSUSA.

     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 internal
issuance of the U.S. Customs Service, which is available for
inspection 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 importation of this merchandise to
determine the current status of any import restraints or
requirements.

                         Sincerely,





                         Stuart Seidel, Acting Director
                         Commercial Rulings Division