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HQ 086012


January 24, 1990

CLA-2 CO:R:C:G 086012 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9050

Mrs. Alice Wagner
C.J. Tower Inc.
128 Dearborn Street
Buffalo, New York 14202

RE: Classification of polyethylene tubes and sleeves

Dear Mrs. Wagner:

In a letter dated November 1, 1989, C.J. Tower Customs Brokers on behalf of Fabrene Inc., requested a classification ruling on tubing material on rolls.

The same tubing material was the subject of HRL 085570, issued January 12, 1990, which modified an earlier ruling (HRL 084348) classifying the tubing material in subheading 5407.20.0000, HTSUSA. Upon review, it was determined that the tubing material is more properly classified in subheading 6307.90.9050, HTSUSA, which provides for other made up articles.

In your November 1st letter you raise the question of whether identifying the ultimate user in the United States by name and product part number printed on the fabric would affect the classification of the product. It is Customs position that the printing on the tubing material does not make a difference regarding classification. The printing does not alter the character of the product. It merely indicates what is the intended use of the finished product. The subject tubing material falls within the definition of other made up articles as set forth in Note 7, Section XI, HTSUSA. Therefore, it remains properly classified in subheading 6307.90.9050, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division

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