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NY 852829

June 5, 1990

CLA-2-56:S:N:N3H:350 852829


TARIFF NO.: 5603.00.9010

Mr. Richard E. Kuhn
Colonial Refining and Chemical Company
3033 West 44th Street
Cleveland, Ohio 44113

RE: The tariff classification of an asphalt roofing product known as `Stormtype Single Ply modified Bitumen Roof Covering Type B' from Canada.

Dear Mr. Kuhn:

In your letter dated May 8, 1990, you requested a tariff classification ruling.

The samples submitted consist of a heavy duty polyester core membrane that has been fully saturated and coated on both sides with a butadiene modified asphalt. One side is impregnated with a fine sand and the other side has a thin protective polypropylene film which is considered to be packing. You state that this material will be imported in rolls 3'3" wide and 33'6" in length. You furnished the following component breakdown with your inquiry:

Component Weight Percentage

Nonwoven polyester 180 g/m2 4.1%
Asphalt 3,808 g/m2 87.6%
Sand 350 g/m2 8.0%
Polypropylene film 11 g/m2 .3%

The applicable subheading for the product will be 5603.00.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The rate of duty will be 12.5 percent ad valorem.

Goods classifiable under subheading 5603.00.9010, HTS, which have originated in the territory of Canada, will be entitled to a 10 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.
Additionally, please note that such goods entered after April 1, 1990 may be entitled (i.e. with supporting documentation) to treatment under 9505.00.30 with a duty rate of 60 percent of the Column 1 General rate which is indicated above.

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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