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NY C89151


June 30, 1998

CLA-2-39:RR:NC:SP:221 C89151

CATEGORY: CLASSIFICATION

TARIFF NO.: 3916.10.0000; 3916.90.3000

Ms. Tracy Bazzle

Schenker International, Inc.

7221 Investment Drive

N. Charleston, S.C. 29418

RE: The tariff classification of welding rods from Austria.

Dear Ms. Bazzle:

In your letter dated June 11, 1998, on behalf of Agru America, you requested a tariff classification ruling.

Sample segments of three rods were provided with your letter. The rods are available in both polypropylene and polyethylene plastic. The rods are said to measure from 1 to 5 millimeters in diameter. The rods will be used to secure concrete protective liners.

The applicable subheading for those welding rods composed of polyethylene that exceed 1 millimeter in diameter will be 3916.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for monofilament of which any cross-
sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics, of polymers of ethylene. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for those welding rods composed of polypropylene that exceed 1 millimeter but do not exceed 5 millimeters in diameter, will be 3916.90.3000, HTS, which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics, other, monofilament. The rate of duty will be 6.8 percent ad valorem.

The applicable subheading for those welding rods composed of polypropylene that exceed 5 millimeters in diameter, will be 3916.90.5000, HTS, which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics, other, other. The rate of duty will be 5.8 percent ad valorem.

You did not provide us with enough information to issue a ruling on those rods that do not exceed 1 millimeter in diameter. If you wish to obtain a ruling on such rods, please provide us with the decitex and the length of the rods as imported. The decitex is a measurement of linear density expressed in grams per 10,000 meters.

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. If you have any questions regarding the additional information requested for the rods not exceeding 1 millimeter in diameter, contact National Import Specialist Camille Ferraro at 212-466-5885.

Sincerely,


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