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NY C82900




January 21, 1998

CLA-2-39:RR:NC:TA:350 C82900

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Mr. Steve Kim
Westpeak International Corp.
P.O. Box 2125
Huntington Beach, CA 92647

RE: The tariff classification of polyethylene cover material made from polyethylene textile strips and polyethylene film, from either Korea or China.

Dear Mr. Kim:

In your letter dated December 24, 1997, you requested a tariff classification ruling.

The instant sample, consists of an open mesh leno woven fabric (3 x 3 per square inch or 12 x 12 per 10 cm). This fabric has three narrow widths of tightly woven (14 x 14 count) man-made fiber textile strips laminated lengthwise to it. The center width is 7 mm wide while the two lengths close to each edge measure 14 mm wide. The three widths of the tightly woven fabric have holes measuring 1.5 cm punched uniformly spaced along their respective lengths.

This woven material is completely covered or laminated on both sides with a clear plastic film of polyethylene plastic. Because of the size of the mesh, these plastic films are visible to the naked eye. This material will be imported as piece goods without hems or grommets. You submitted some literature that indicates that these covers have application in livestock shelters, greenhouses and Hays, etc. The following technical specifications were provided:

Warp 1200 denier 2 ply, Weft 2400 denier
Minimum weight: 200 grams per square meter Available width: 1.37 meter to 4.05 meter

The applicable subheading for the material 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, other than cellular, combined with a single textile material, other, and weighing not more than 1.492 kg/m2. The rate of duty will be 5.3 percent ad valorem.

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 George Barth at 212-466-5884

Sincerely,

Robert B. Swierupski
Director,

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