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NY K88274

August 17, 2004
CLA-2-39:RR:NC:SP:221 K88274


TARIFF NO.: 3926.90.9880

Ms. Katherine Tu
Budge Industries, LLC
1240 South Broad Street - Suite 140
Lansdale, PA 19446

RE: The tariff classification of tarpaulins from China.

Dear Ms. Tu:

In your letter dated August 4, 2004, you requested a tariff classification ruling.

You submitted three sample swatches representing the three types of materials from which the imported tarpaulins will be made. One material weighs 90 grams per square meter, one weighs 110 grams per square meter and one weighs 130 grams per square meter. The materials are all woven fabrics of clear polyethylene strips, each strip measuring not over 5 millimeters in width and thus meeting the dimensional requirement for textile strips. Each of the sample swatches has been coated on both sides with blue pigmented polyethylene film that is visible to the naked eye other than merely by change of color. Material of this construction is classified with plastics of chapter 39. The tarpaulins will also be imported with green, orange, black and silver pigmented films. The tarpaulins have reinforced roped edges and metal grommets every three feet around the perimeter.

The applicable subheading for the tarpaulins 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.

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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