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NY D82293





October 5, 1998

CLA-2-39:RR:NC:SP:221 D82293

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.19.0000

Mr. James W. Lawless
C.H. Powell Company
1 Intercontinental Way
Peabody, MA 01960

RE: The tariff classification of "TiroPak" packaging film from the Netherlands.

Dear Mr. Lawless:

In your letter dated August 31, 1998, on behalf of Convenience Food Systems, Inc., you requested a tariff classification ruling.

A sample of the TiroPak packaging film was provided with your letter. The sample is a rectangular foamed plastic sheet. It is said to be composed of cellular polypropylene (394 grams per square meter), polyethylene (28 grams per square meter) and ethylene vinyl alcohol (6 grams per square meter). The packaging film is used for the packaging of fresh meat, poultry, fish, pasta, cheese and vegetables.

The applicable subheading for the TiroPak packaging film will be 3921.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics: cellular, of other plastics. The rate of duty will be 6.5 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 Joan Mazzola at 212-466-5580.

Sincerely,

Robert B. Swierupski
Director,

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