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NY M82018





April 24, 2006

CLA-2-39:RR:NC:SP:221 M82018

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.90.5060

Ms. Darcy L. Prendergast
Aces, Division of Kuehne & Nagel
114 Front Street
Scituate, MA 02066

RE: The tariff classification of floor underlay from the Netherlands.

Dear Ms. Prendergast:

In your letter dated March 28, 2006, on behalf of Zickgraf Enterprises, you requested a tariff classification ruling.

A sample was provided with your letter. The floor underlay is composed of cellular plastic sheeting that is self-adhesive on one side. It will be imported on bolts measuring approximately 55.5 inches by 43.5 inches by 79.5 inches. The underlay is placed on a concrete or plywood floor, with the adhesive side up. Hardwood flooring is then rested and adhered to the underlay. The underlay prevents slipping and provides give to the flooring.

The applicable subheading for the floor underlay will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rollsotherother. The rate of duty will be 5.8 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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