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NY A82345




May 2, 1996

CLA-2-39:RR:NC:TP:221 A82345

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9890; 3920.99.2000; 5603.12.0090

Mr. Glenn P. Hendrix
Arnall Golden & Gregory
2800 One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3450

RE: The tariff classification of polyvinyl alcohol (PVA) bowls and basins, PVA film, and PVA spunbonded nonwoven textile sheet from China.

Dear Mr. Hendrix:

In your letter dated April 3, 1996, on behalf of the Isolyser Company, Inc., you requested a tariff classification ruling.

A sample bowl and basin (both identified as Sample 1) were submitted with your ruling request. Both are composed of PVA plastic. The bowl is approximately 4 1/4 inches in circumference and 2 inches deep. The basin is approximately 6 1/2 inches in length, 4 3/4 inches in width and 1 3/4 inches deep. The bowls and basins are used in healthcare facilities to collect, store and dispose of medical waste. When placed in a washing machine, the bowls and basins dissolve along with their contents, thereby eliminating the staff's need to repeatedly handle medical waste.

You suggest that the bowls and basins should be classified in subheading 3923.29.0000, the provision for articles used for the conveyance or packing of goods. The bowls and basins, however, are used for more than conveyance. They are also used in the collection and storage of medical waste, and are therefore precluded from classification in heading 3923.

The PVA film (identified as Sample 2) contains no textile fibers or filaments. It will be imported in rolls of various widths and lengths of approximately 2,000 meters.

A third unmarked sample was submitted with your request. It appears to be a sample swatch of a sheet. This sample is constructed of a PVA spunbonded nonwoven textile fabric. The sample weighs approximately 50 grams per square meter. This material is water soluble and is used in the manufacture of water soluble goods for the healthcare industry. The corners of the sample are rounded. We assume that the rounding is for the sample swatch only, and that as imported, the sheet will be rectangular.

The applicable subheading for the PVA bowls and basins will be 3926.90.9890, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the PVA film will be 3920.99.2000, 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 other plastics: film, strip and sheets, all the foregoing which are flexible: other. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the PVA spunbonded nonwoven textile fabric sheet will be 5603.12.0090, HTS, which provides for nonwovens, whether or not impregnated, coated or laminated: of man-made filaments: weighing more than 25 grams per square meter but not more than 70 grams per square meter, other. The rate of duty will be 7.5 percent ad valorem.

The PVA spunbonded nonwoven textile fabric sheet falls within textile category designation 223. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that
you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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

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 Joan Mazzola at 212-466-5580.

Sincerely,

Roger J. Silvestri
Director

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