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NY 812768




August 15, 1995

CLA-2-59:S:N:N6:350 812768

CATEGORY: CLASSIFICATION

TARIFF NO.: 5903.90.2500

Mr. Patrick C. Reed
Wasserman, Schneider & Babb
90 John Street
New York, NY 10038

RE: The tariff classification of QLS Ultra greenhouse/agricultural screening material, from Sweden.

Dear Mr. Reed:

In your letter dated July 10, 1995, on behalf of your clients AB Ludvig Svensson, Kinna, Sweden, and Ludvig Svensson, Inc., Charlotte, North Carolina, you requested a tariff classification ruling.

This material, as illustrated by the instant sample, is made of three main components: an open mesh warp knit fabric composed of polyethylene man-made fibers; weft inserted flat strips of polyethylene plastic measuring about 4.25x0.6mm which run through the material at approximately 12" intervals (these strips are considered to be textile for tariff purposes); and a sheet of low density polyethylene plastic film (LDPE) laminated to one side of the material. This plastic film is visible to the naked eye. The material weighs 283g/m2 with the polyethylene base material including the textile strips weighing 153g/m2 (54%) with the low density plastic sheet weighing 130g/m2 (46%), respectively.

You indicate that this material will imported as roll goods and is for use as a screening or covering used in greenhouses or in other agricultural or horticultural applications such as shading livestock or crops.

Whether or not this material is cut to size, this material is not classifiable as a "part" of agricultural or horticultural machinery in item 8436... as you suggest as a possible alternate classification.

The applicable subheading for the product, will be 5903.90.2500, Harmonized Tariff Schedule of the United States

(HTS), which provides for textile fabrics impregnated, coated, covered or laminated, of man-made fibers, not over 70 percent by weight of plastics. The rate of duty will be 8.4 percent ad valorem.

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
New York Seaport

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