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NY M86793

October 5, 2006

CLA-2-39:RR:NC:N2:221 M86793


TARIFF NO.: 3921.12.5000

Mr. James La Femina
The Jayel Co., LLC
3050 NE 47th CT, Suite 302
Fort Lauderdale, FL 33308

RE: The tariff classification of cellular sheet from China

Dear Mr. La Femina:

In your letter dated September 13, 2006, you requested a tariff classification ruling.

The sample submitted with your request is cellular sheeting used for making soles for orthopedic shoes. The material, identified as REVA™, consists of rubber and ethylene vinyl acetate (EVA). The EVA predominates by weight.

The applicable subheading for the REVA cellular sheeting will be 3921.12.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics: cellular: other. The rate of duty will be 6.5 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.


Robert B. Swierupski

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