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NY 867091


October 11, 1991

CLA-2-39:S:N:N3G:221 867091

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.62.0000

Mr. B. Smith
Nippon Express U.S.A., Inc.
One World Trade Center, Suite 1769
New York, N.Y. 10048-0359

RE: The tariff classification of Diafoil PET polyester film from Japan.

Dear Mr. Smith:

In your letter dated July 31, 1991, on behalf of Diafoil America Inc., you requested a tariff classification ruling.

The product, identified as Diafoil AC-250, consists of polyethylene terephthalate (PET) film.

The applicable subheading for the Diafoil film will be 3920.62.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials, of polyethylene terephthalate. The rate of duty will be 4.2 percent ad valorem.

Imports of polyethylene terephthalate film, sheet and strip from Japan are subject to antidumping duty margins, unless they have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer more than 0.00001 inch thick. You believe that the Diafoil film is not subject to antidumping duties, because you claim that there is a performance enhancing resinous layer on the film. In documentation submitted as a supplement to this request, the layer is identified as polyester. You have not indicated whether this second layer is PET or some other type of polyester.

In the opinion of this office, the presence of a second layer of polyester on top of the base layer of PET polyester does not exclude this product from the scope of the finding of dumping. If you desire a scope determination on the applicability of antidumping duties to your product, you may write directly to the Department of Commerce, Office of Compliance, 14th Street and Constitution Avenue, N.W., Washington, D.C 20230.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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