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NY C85675




April 3, 1998

CLA-2-39:RR:NC:TA:350 C85675

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Mr. Jay Shynn
Kotap America Ltd.
10 Bayview Ave.
Lawrence, NY 11559

RE: The tariff classification of "housewrap" material composed of woven textile strips covered on both sides with plastic film, from China or Korea.

Dear Mr. Shynn:

In your resubmitted ruling request of March 11, 1998, you make reference to an earlier ruling (NY C82608 Dec. 16, 1998) you received on what is the same type of material of this request. The difference being the covering film of that material was of a blue pigmented low density polyethylene plastic. You now request a ruling on the same type of material except that the covering plastic films are pigmented yellow and white. Again, you indicate that this material will be used in the home construction industry as a "housewrap" type product to help seal air leaks. There are no apparent "pin holes" in the submitted samples, which you indicate would be there to help reduce moisture condensation.

The classification of the earlier ruling was predicated on your statement that the material had heat sealed hemmed edges, no such hems are present on this new submitted material. The prior ruling and its classification may be in error based on a misinterpretation of your statement.

The present samples are of woven flat textile strips slit from high density polyethylene film. The strips, of a slight white tint, appear not to have been folded or crimped and have an apparent width of 2.5 mm. Both sides of the woven fabric are completely covered with a deep pigmented low density polyethylene plastic film (all yellow or all white) that is visible to the naked eye other than by change of color.

These goods are of cut material in the piece, not made up and without any type of hem

This material has the following technical specifications:

Weight of Fabric (uncoated): 55 g/m2
Weight of Plastic Coating: 32 g/m2
Total Weight: 87 g/m2

Denier: 820 - 850
Yarn Count: 10 x 10
Roll Sizes: 6' x 150'
6' x 100'
3' x 100'

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, combined with a single textile material, other, 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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