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NY H87523

January 25, 2002

CLA-2-76:RR:NC:1:118 H87523


TARIFF NO.: 7607.11.6000

Mr. Tim Michaely
ICS Customs Service Inc.
812 Thorndale Ave.
Bensenville, IL 60106

RE: The tariff classification of aluminum foil from France and Germany.

Dear Mr. Michaely:

In your letter dated January 15, 2002, on behalf of your client Vaw Flexible Packaging, you requested a tariff classification ruling.

You have described the two samples that you have submitted as aluminum foil to be used as packaging. Sample #1, called top peelĀ®, is to be used as a peelable closure for bottles and cups. It will be made in France. Sample #2, called HermetaluĀ®, is to be used as a lidding aluminum with a heat seal lacquer. It will be made in Germany. Each foil is rolled, then coated with plastic. The thickness will vary from .03 mm to .06 mm. The product comes in three layers with the outside-coated layer to be used for surface printing. The middle layer is for oxygen and U.V. protection, stiffness and strength. The inside layer is for heat sealing to different types of plastics, glass or metal.

The applicable subheading for the aluminum foils will be 7607.11.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for aluminum foil (whether or not printed, or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm: not backed: rolled but not further worked: of a thickness not exceeding 0.15 mm: of a thickness exceeding 0.01 mm. The rate of duty will be 5.3% 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 Kathy Campanelli at 646-733-3021.


Robert B. Swierupski

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