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NY A89274




December 2, 1996

CLA-2-39:RR:NC:TP:350 A89274

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950; 5407.20.0000

Ms. Judy Campbell
W.Y. Moberly, Inc.
Box 164
Sweetgrass, Montana 59484

RE: The tariff classification of high density polyethylene woven strip material having a low density PE plastic coating or laminate on both sides, for the manufacture of outdoor covers and tarps, from Korea.

Dear Ms. Campbell:

In your letter dated October 21, 1996, on behalf of Inland Plastics Ltd., Alberta, Canada, you requested a tariff classification ruling.

We note per a recent telephone conversation with your office that you wish the classification of these fabrics imported in bulk rolls directly into the United States from Korea. You further state that these materials will be manufactured into outdoor covers in the United States after their importation.

Samples of four representative styles were submitted, some in their own color groups. The first item, product# 1055, consists of a woven fabric (1000D, 10x10) composed of high density PE textile man-made fiber strips that has been covered on both sides with a 2 mil pigmented (orange) polyethylene plastics material. This coating is in sufficient amount to be visible to the naked eye. The material weighs 4.5oz/y2 and is orange in color.

The second item, product# 1577(1200D), consists of a similar material (1,200D, 15x15) that has been visibly coated on both sides with a 3 mil PE plastic coating. This material weighs 7.4oz/y2 and is black in color.

The third item, product# 1655 U.V.I., consists of two similar materials (1,200D, 16x16) that have been visibly coated on both sides with a 2 mil PE plastic coating. The material weighs 6.8oz/y2. A white and blue sample was submitted.

The fourth and final item, identified as product# 1455, was submitted in six variations. The first one, 1455 (1200) submitted in three color variations, a blue, a black and a white are similar in construction to the materials described above. They have been visibly covered on both sides with a 2 mil PE plastics material. The materials weigh 6 oz/y2. The next variation of product# 1455, Silver/Black (1,200D, 14x14) is similar in construction to those described above. It has been visibly coated on both sides with a 2 mil pigmented plastics material. Black on one side and gray on the other. This material weighs 6 oz/y2.

The third variation of product# 1455 (1,200D, 14x14), identified as 1455 U.V.I. and orange in color is similar in construction and configuration to the others. It has been visibly coated on both sides with a pigmented PE plastics material. This material weighs 6 oz/y2 and is orange in color. The final variation of product# 1455 U.V.I., (1,200D, 14x14) is similar in construction and configuration to the others. It is composed of a clear PE plain woven material composed of polyethylene textile man-made fiber strips under 5mm wide that has been coated on both sides with a 2 mil clear PE plastic which is not visible to the naked eye. This material weighs 6 ounces per square yard.

The applicable tariff provision for products no.'s 1055, 1577(1200D), 1655 U.V.I., 1455 (1200), 1455 Silver/Black and 1455 U.V.I. (orange) will be 3921.90.1950, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other plates, sheets, film, foil and strip, of plastics, combined with a single textile material, other, and weighing not more than 1,492kg/m2 . The general rate of duty will be 5.3 percent ad valorem.

The applicable tariff provision for product no. 1455 U.V.I. (clear) will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, ... obtained from strip or the like. The duty rate is 13.6 percent ad valorem.

Style 1455 U.V.I. (clear) falls within textile category designation 620. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa. There are no textile restraints for the other materials.

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 CFR 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 George Barth at 212-466-5884.

Sincerely,

Roger J. Silvestri
Director

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