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June 11, 1999

CLA-2-39:RR:NC:TA:350 E83160

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Mr. Paresh Waghela
Fritz Marketing Inc.
555 Burnhamthorpe Road, Suite 209
Etobicoke, Ontario M9C 2Y3, Canada

RE: The tariff classification of a coated textile fabric for use in the manufacture of tarpaulins and pool covers, etc., from either Korea, Indonesia, India, China or Thailand.

Dear Mr. Waghela:

In your letter dated May 28, 1999, you requested a classification ruling. The manufacturer of the instant sample is PT. Murni Mapan Mandiri, Jakarta, Indonesia.

The instant sample, as described in your letter, consists of High Density Polyethylene Fabric (HDPE) made from black color tapes with a Low Density Polyethylene (LDPE) coating on one side which is milky white in color and an LDPE coating on the other side with a silver/gray color.

Specifically, you indicate that a polyethylene plastics film is slit into “tapes” measuring 2 to 3 mm in width. These tapes meet the definition of textile strips for tariff purposes. These tapes are then placed on a water jet loom to construct a woven fabric. This resulting fabric has a 14 x 14 yarn count. Finally, this scrim or fabric will be visibly coated on both sides (as indicated above) with a pigmented LDPE plastics material (compact) - milky white on one side and silver/gray on the other. You provided the following weights for this material:

Weight of scrim fabric: 112 g/m²
Weight of plastics coating: 91 g/m²
Total weight: 213 g/m²

This material will be imported as piece goods having widths ranging from 40" to 75", and will be used in the manufacture of such things as tarpaulins and pool covers, etc.

The applicable subheading for the product will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, other than cellular, combined with a single textile material, other, weighing not more than 1.492 kg/m², not over 70 percent by weight of plastics. The rate of duty will be 5.3 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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