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NY M82345

May 17, 2006

CLA-2-54:RR:NC:N3:351 M82345


TARIFF NO.: 3926.90.9880, 5404.90.0000

Paul Vroman
Danzas AEI Customs Brokerage Services
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of polyethylene strip from Italy

Dear Mr. Vroman:

In your letter dated May 5, 2006, you requested a tariff classification ruling on behalf of you client, Radicifil SPA, of Pronnciale, Italy.

The submitted samples are identified as “Radigreen,” a polyethylene strip used in making synthetic grass. You indicate that the strip will be imported in two forms: monotape/monofilament strip has an average thickness of 150 microns and a width of about 1mm. Fibrillated strip has an average thickness of 100 microns and a width of about 10-11mm. The three samples we received are all fibrillated and have an apparent width ranging from 3mm to 8 mm. (Apparent width means that the strips are measured in the folded, flattened, compressed, or twisted state. Fibrillation means that the strip has been split into visible interconnecting fibrils. The thickness has no bearing on the classification.)

The polyethylene strip is produced by feeding granules of raw materials along with any necessary additives (anti-UV, pigments for mass coloring, etc.) through an extruder. It is unclear from the information we received whether the strips are extruded in the widths we received or as wider strips that are then sliced to the smaller widths; however, the classification is the same for either process. The properties of the strip are increased by drawing, which involves using rollers that rotate at different speeds in order to give the strip acceleration and therefore draw strength. The fibrillation process gives the strip greater processability in ensuing stages, including weaving. In the heat-setting stage, the fiber is shrunk under controlled conditions. Winding the strip onto bobbins is used in the transformation processes. Your production department has several extrusion lines where the semi-finished strip is produced and later sent to the transformation department where it will be given its end properties through twisting, curling, and winding.

The applicable subheading for the polyethylene strip, if over 5mm in apparent width, will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the polyethylene strip, if its apparent width does not exceed 5mm, will be 5404.90.0000, HTSUS, which provides for strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm; other. The rate of duty will be Free.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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