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NY M80208

February 14, 2006

CLA-2-56:RR:NC:TA:350 M80208


TARIFF NO.: 3921.90.1950

Ms. Diane Cachia
Action Customs Expediters Inc.
115 Christopher Columbus Drive
Jersey City, NJ 07302

RE: The tariff classification of Tai-Porux Lumber wrap material, from Taiwan.

Dear Ms. Cachia:

In your letter dated February 3, 2006, on behalf of Rocheux International, Inc., Piscataway, NJ, you requested a tariff classification ruling.

While your letter mentions two materials, a woven and a nonwoven, you only provided one representative sample (nonwoven) and, as such, we will only rule on the sample submitted.

You identify this product as Tai-Porux Lumberwrap material. It consists, of what appears to be, a spun bonded nonwoven fabric composed of polyester man-made fibers that has been laminated on one side with a compact polyethylene plastics film. This material, according to your correspondence, will be used in construction and building applications where water proofing and permeability properties are important considerations. Specifically, you indicate that this material, because of its unique construction, guards against dew condensation on an interior wall by enabling the moisture in an interior wall to eject outward through a micro porous membrane, and, thereby, prevent the buildup of dew condensation. This material was informally weighed and was found to weigh approximately 99 grams per square meter.

The applicable subheading for the material, which we presume will be imported as roll goods, 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. The rate of duty will be 5.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Deborah Walsh at 646-733-3044.


Robert B. Swierupski

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