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NY A84104




October 8, 1996

CLA-2-56:RR:NC:TP:350 A84104

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.94.9010

Mr. G.R. Smith
Stylite Industries Ltd.
14888 24th Avenue
Surrey, B.C., V4A 2H6
Canada

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

Dear Mr. Smith:

In your letter dated May 16, 1996 you requested a ruling on the status of asphalt joint sealing strip material from Canada under the NAFTA.

The instant representative sample consists of a product you describe as "Seal-Cut" joint sealing strip. It is composed of a single layer of nonwoven polyester man-made fiber geotextile ("trevira"), material of U.S. origin which has been impregnated and covered in Canada with an asphalt which contains some rubber filler. There is a hot melt glue adhesive strip on one surface along with a silicone coated release paper. This release paper is to prevent adhesion between pieces. The instant sample measures about 1/4" in thickness and you indicate that this material will be imported in 6' lengths and widths of 1"-3". The material weighs 678.8g/m2.

Your letter indicates the following origin of the various materials used to manufacture this strip:

Trevira polyester: Hoechst Celanese Corp., Spartanburg, SC Asphalt content: Local Oil Refiners (Several), Canadian Stock Hot Melt Glue: H.B. Fuller Canada Inc., Mississauga, Ontario Silicone paper: Daubert Coated Products, Westchester, Ill. SBR Rubber: Local Rubber Reclaimers, New Westminster, B.C.

This material is an asphalt pavement joint sealing strip which is applied between old road pavement and new asphalt material (patching) to create a superior bond between the two and thus prevent cracking, opening, spalling of the surface and the infiltration of water, all of which leads to the destroying of the sealing integrity of the joint over time and the consequential failure of the patch and adjacent pavement.

The applicable tariff provision for the material will be 5603.94.9010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, ... weighing more than 150g/m2, ... impregnated, coated, or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The general rate of duty will be 7.5 percent ad valorem.

The material, being made entirely in the territory of NAFTA using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a 2.5 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

While you suggested classification in subheading 6807.90, HTS, Chapter 68, note 1(c) states "this chapter does not cover: coated, impregnated or covered textile fabric of chapter 56 or 59 (for example, fabric coated or covered with mica powder, bituminized or asphalted fabric).

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 George Barth at 212-466-584.

Sincerely,

Roger J. Silvestri
Director

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