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NY M80561




April 4, 2006

CLA-2-39:RR:NC:SP:221 M80561

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.10.0000

Mr. Rama Dharmarajan
Jalpac Americas, Inc.
1122 Vernon Terrace
San Mateo, CA 94402

RE: The tariff classification of polyethylene/polyethylene terephthalate film from India.

Dear Mr. Dharmarajan:

In your letter dated January 21, 2006, which was received in this office on March 2, 2006, you requested a tariff classification ruling.

Samples were provided with your letter. The product is a metallized film consisting of a layer of polyethylene (PE) film laminated to a layer of metallized polyethylene terephthalate (PET) film. The breakdown you provided indicates that the layer of polyethylene film accounts for almost 64 percent of the weight, 60 percent of the value, and more than 75 percent of the thickness of the laminate. The film will be used to make coffee pouches.

The applicable subheading for the polyethylene-polyethylene terephthalate laminate film will be 3920.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of ethylene. The rate of duty will be 4.2 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/.

Articles classifiable under subheading 3920.10.0000, HTSUS, which are products of India 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 our Web site at www.cbp.gov and search for the term "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.

Sincerely,

Robert B. Swierupski
Director,

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