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NY A84535




June 20, 1996

CLA-2-39:RR:NC:TP:221 A84535

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950; 3926.90.9890

Mr. David M. Murphy
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-0002

RE: The tariff classification of tarpaulin material and finished tarpaulins from Korea or China.

Dear Mr. Murphy:

In your letter dated June 6, 1996, on behalf of Century Products, Inc., you requested a tariff classification ruling.

Item 1 is stated to consist of high density polyethylene (HDPE) strips to which carbon black is added for ultraviolet protection, approximately 3.2 mm in width, woven in a 12 x 12, 10 x 10, 8 x 8 or other pattern into a scrim. However, the strips in the sample labeled exhibit A measured closer to 2 mm in width, with a count of 14 x 14 or greater. It is not known if the correct sample was furnished, but in this case the outcome will be same. The fabric is coated or laminated on both sides with 30 to 50 microns of low density polyethylene (LDPE), pigmented blue on one side and black on the other side. The coatings on both sides of the sample swatch are visible to the naked eye other than by change of color.

Item 2 is described as a white fire retardant tarpaulin, measuring 16 by 105 feet, with ropes, hemmed edges and grommets. It is stated to be made from a substrate of translucent HDPE strips, approximately 3.2 mm in width, coated or laminated on both sides with a 30 micron thickness of LDPE with fire retardant chemicals. The coatings on the sample swatch are pigmented cream, rather than white, and are visible to the naked eye other than by change of color.

Item 3 is described as a tarpaulin, measuring 12 by 25 feet, which is hemmed to allow for cordage to be inserted. It is stated to be composed of a fabric of woven strips similar to that in item 1, coated or laminated on both sides with 30 to 50 microns of black pigmented LDPE. The coatings on the sample swatch are visible to the naked eye other than by change of color.

Item 4 is described as a tarpaulin, measuring 18 by 100 feet, with tie downs of the same tarpaulin material, and metal grommets. It is stated to be made of material similar to that of item 1. The fabric is coated or laminated on one side with a black pigmented LDPE, and on the other with a dark blue pigmented LDPE. The coatings on the sample swatch are visible to the naked eye other than by change of color.

The applicable subheading for tarpaulin material as represented by the sample swatch identified as item 1 will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, combined with a single type of textile fiber (man-made), weighing not more than 1.492 kg/m2, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the finished tarpaulins, made of material as represented by the submitted sample swatches for items 2-4, will be 3926.90.9890, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

There are no quota or visa requirements on importations of either the tarpaulin material or the finished tarpaulins.

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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