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NY A80444




February 26, 1996

CLA-2-54:RR:NC:TP:351 A80444

CATEGORY: CLASSIFICATION

TARIFF NO.: 5404.90.0000

Mr. Richard K. Kalal
Schott International, Inc.
P.O. Box 7152
Akron, OH 44306-0152

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of polyethylene strips from Mexico; Article 509

Dear Mr. Kalal:

In your letter dated February 14, 1996 you requested a ruling on the status of polypropylene strip from Mexico under the NAFTA.

In our letter NY 818516 dated January 30, 1996 you received a ruling on the tariff classification of this item. In requesting that ruling, you submitted two samples of high density polyethylene extruded textile strips. No item numbers were indicated in your letter at that time, nor are they indicated in your February 14th letter. The sample, a black strip of polyethylene, has been cut to a width of 3 millimeter (mm). It is produced in continuous lengths averaging 44,000 yards in length and measuring between 850 to 1500 denier. In our ruling letter, we stated that the applicable subheading for the strips would be 5404.90.0000, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for strip and the like (for example, artificial straw) of synthetic textile materials of an apparent width not exceeding 5 mm; other. The general rate of duty will be 4.1 percent ad valorem. This HTS subheading has no category number; therefore, it is not subject to visa or quota requirements.

In your February 14th letter you requested that we now rule on the applicability of NAFTA to this product. You state that the strips are cut in Mexico from plastic sheet which is extruded in Mexico, from polyethylene resin which is of Mexico or U.S. origin.

Each of the non-originating materials used to make the polyethylene strip has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/54. The strip will be entitled to a free 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). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Jeff Konzet at 212-466-5885.

Sincerely,

Roger J. Silvestri
Director

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