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NY N010263

December 7, 2007



TARIFF NO.: 3921.90.1950; 4602.90.0000

Ms. Lina Morales
Fritz Marketing Inc.
1547 Hurontario Street
Mississauga, ON L5G 3H7, Canada

RE: The tariff classification of a plastic coated textile fabric ((lumber wrap material) for use in the manufacture of tarpaulins. The country of origin may be either India, China, Indonesia, Thailand or South Korea.

Dear Ms. Morales:

In your letter dated April 23, 2007, you requested a classification ruling.

The instant sample, as described in your correspondence, consists of a woven material manufactured from polyolefin plastic strips which are stated to measure over 5 mm in apparent width. This material has been visibly coated on one side with a black pigmented polyethylene plastics material while the other side is covered with a milky white plastic. The submitted sample was informally weighed and was found to weigh approximately 93 grams per square meter.

While you write in your correspondence, that the plastic strips in the instant sample measure over 5 mm in apparent width, bench tests suggest and a laboratory analysis confirms that many of the strips do not measure over 5 mm. As such, please be advised that the classification of the above described merchandise is based upon the condition as imported.

Accordingly, if the merchandise, in its imported condition, consists of woven strips exceeding 5 mm in apparent width (apparent width is the width in the folded, flattened, compressed or twisted state), the applicable subheading for the material will be 4602.90.0000, HTSUS, which provides for basketwork, wickerwork, and other articles, made directly to shape from plaiting materials or made up form articles of heading 4601; other (than of vegetable materials). The general rate of duty will be 3.5 percent ad valorem.

If, however, the strips measure not over 5 mm in apparent width, the applicable tariff subheading will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTSUS), 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 general rate of duty will be 5.3 percent ad valorem.

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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