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NY I81167

May 7, 2002

CLA-2-39:RR:NC:SP:221 I81167


TARIFF NO.: 3926.90.9880

Mr. Anthony Tennariello
Pricewaterhouse Coopers LLP
1301 Avenue of the Americas
New York, NY 10019

RE: The tariff classification of microbial cellulose pellicles from the Philippines.

Dear Mr. Tennariello:

In your letter dated April 23, 2002, on behalf of Xylos Corporation, you requested a classification ruling.

Photographs and descriptive literature were provided with your letter. The microbial cellulose pellicles will be further processed after importation to form a topical wound care dressing. A minimum of five pellicles is placed in a pouch for further treatment. As imported, the microbial cellulose cannot be used to treat wounds. You recommend classification in heading 3920, which provides for plates and sheets. However, the microbial cellulose pellicles have rounded corners, and are therefore precluded from heading 3920.

The applicable subheading for the microbial cellulose will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Articles classifiable under subheading 3926.90.9880, HTS, which are products of the Philippines may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term “T-GSP”. 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 Joan Mazzola at 646-733-3023.


Robert B. Swierupski

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