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HQ 085209

November 21, 1989

CLA-2 CO:R:C:G 085209 JLJ


TARIFF NO.: 3921.90.1500

Mr. Dale G. Vander Yacht
Border Brokerage Company
P.O. Box B
Blaine, Washington 98230

RE: Lumber wrap of woven laminated plastic textile strips; HRL 083581 augmented

Dear Mr. Vander Yacht:

You submitted additional information in order to obtain a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a woven laminated polyethylene fabric imported from Canada. The fabric is made by your client, Bulldog Bag Ltd. It is used as a lumber wrap. You submitted a sample previously.


The sample submitted consisted of a woven fabric of polyethylene plastic textile strips which was laminated on one side with a black polyethylene plastics film which was visible. On the other side it was laminated with a milky white plastics film which visibly changed the surface character of the fabric. The fabric is intended for use as lumber covers and lumber wraps.

In Customs Headquarters Ruling Letter (HRL) 083581 of June 15, 1989, we said that we were unable to classify the merchandise without additional information. In your latest letter, you supplied the following information:

1. Scrim - 9 X 3.2 High Density Polyethylene Resin Unit Weight 1.496 oz. / sq. yd. (52.47%)

2. Coating - 1 mil white - 0.677 oz. / sq. yd. (23.76%) 1 mil black - 0.677 oz. / sq. yd. (23.76%)

Total coating weight - 1.355 oz. / sq. yd. (47.52%) (low density polyethylene resin)

Total Unit Weight - 2.851 oz. / sq. yd.


What is the tariff classification of this fabric?


Chapter Note 2(a)(3) of Chapter 59, HTSUSA, states that Heading 5903 covers textile fabrics which have been impregnated, coated, covered or laminated with plastics, with certain exceptions. The exceptions include 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. The "covering" in this context may be achieved by lamination. Inas- much as this fabric is coated or covered with plastics on both sides, it is considered to be excluded from Chapter 59 because the plastic coating on both sides is visible to the naked eye. Consequently, this fabric must be classified by virtue of its plastic component in Chapter 39, HTSUSA.


Based on the specifications given above, this fabric is classified under the provision for other plates, sheets, film, foil and strip, of plastics: other: combined with textile materials and weighing not more than 1.492 kilograms per square meter: products with textile components in which man-made fibers predominate by weight over any other single textile fiber: other, in subheading 3921.90.1500, HTSUSA, dutiable at the rate of 8.5 percent ad valorem. Products of Canada classified in this subheading are eligible for a reduced duty rate of 7.6 percent under the United States - Canada Free Trade Agreement if all applicable regulations are met. Textile category 229 applies to this subheading.


John Durant, Director

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