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NY 858721

January 7, 1991

CLA-2-39:S:N:N3G:221 858721


TARIFF NO.: 3920.10.0000; 9817.00.5000

Ms. Dody Trombley
F.W. Meyers & Co., Inc.
33 West Service
P.O. Box 188
Champlain, New York 12919

RE: The tariff classification of "Silawrap" film from Canada.

Dear Ms. Trombley:

In your letter dated December 5, 1990, on behalf of Alberta Ag-Industries Ltd., you requested a tariff classification ruling.

The Silawrap film is composed of polyethylene. It is designed for wrapping forage bales to ensile the forage material. The Silawrap film will be imported in rolls of 5000 to 6000 feet and in widths of 20 inches.

The applicable subheading for the Silawrap film will be 3920.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil, and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

Goods classifiable under subheading 3920.10.0000, HTS, which have originated in the territory of Canada, will be entitled to a 2.9 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

In the alternative, the Silawrap film may be eligible for duty free entry under subheading 9817.00.5000, HTS, which provides for machinery, equipment and implements to be used for agricultural or horticultural purposes, upon compliance with the actual use requirements of sections 10.131 through 10.139, Customs Regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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