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NY J81106

March 4, 2003

CLA-2-39:RR:NC:SP:221 J81106


TARIFF NO.: 3921.19.0000

Mr. Marco Suarez
Sagrex Corporation
15200 Shady Grove Road, Suite 350
Rockville, MD 20850

RE: The tariff classification of polyethylene foam and laminated polyethylene/aluminum foil sheets from the Philippines.

Dear Mr. Suarez:

In your letter dated February 5, 2003, you requested a tariff classification ruling.

Four samples were provided with your letter. The first sample is a sheet of foam or cellular polyethylene. The second sample is a polyethylene foam sheet laminated on one side with a noncellular high density polyethylene skin. The third sample is a polyethylene foam sheet laminated on one side with an aluminum foil.

The applicable subheading for the polyethylene foam sheet, the polyethylene foam sheet laminated on one side with noncellular high density polyethylene plastic, and the polyethylene foam sheet laminated on one side with an aluminum foil will be 3921.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics: cellular: of other plastics. The rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 3921.19.0000, 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 GSP. A fourth sample was provided with your letter. Before we can classify the aluminum foil laminated polyethylene bubble sheet, we need a cost and weight breakdown showing the cost and weight of the aluminum foil versus the cost and weight of the plastic bubble sheet.

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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