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NY 804073




November 17, 1994

CLA-2-54:S:N:N6:351 804073

CATEGORY: CLASSIFICATION

TARIFF NO.: 5404.90.0000

Mr. Paul Garceau
A.N. Deringer Inc.
46725 Interstate 81
Alexandria Bay, NY 13607

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of polypropylene strip from Canada; Article 509

Dear Mr. Garceau:

In your letter dated November 3, 1994 you requested a ruling on behalf of Amoco Fabrics and Fibers Ltd., on the status of polypropylene strip from Canada under the NAFTA.

You have submitted a sample of an extruded polypropylene strip approximately 2.2 millimeters in width, identified as "1050 beige yarn." In an attached letter dated November 2, 1994, Mr. Dale Ward of Amoco indicated that this material will be extruded in Canada and will be sold on large tubes approximately 12 inches in diameter. For purposes of this letter, we will assume that the resin which will be extruded into this strip will originate outside of the NAFTA territory.

In his letter, Mr. Ward requested confidential treatment for the detailed product information which he provided on a "spec sheet" attached to his letter. This technical information is not essential to the issuance of this ruling letter and therefore has not been included in the above description of the product. Because the technical information is thus protected, this ruling letter will not be given confidential treatment and will therefore be circulated in the usual manner. In a telephone conversation with National Import Specialist Jeff Konzet of this office on November 16, 1994, you indicated that you agreed with this approach to the confidentiality issue.

The applicable tariff provision for the Amoco's "1050 beige yarn" will be 5404.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for strip and the like...of synthetic textile materials of an apparent width not exceeding 5mm; other. The general rate of duty will be 5.1 percent ad valorem.

Each of the non-originating materials used to make the strip has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/54. The strip will be entitled to a 2 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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