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NY C89639


July 16, 1998

CLA-2-39:RR:NC:TA:350 C89639

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Mr. Steve Kim

Westpeak International Corporation

20331 Bluffside Circle, Suite 413

Huntington Beach, CA 92646

RE: The tariff classification of woven polyethylene strip/foam packaging material, from either Korea or China..

Dear Mr. Kim:

In your letters dated June 4th and 26th, respectively, you requested a tariff classification ruling.

The instant samples consist of woven polyethylene plastic textile strip material (clear) having one surface coated or covered with a gray pigmented compact polyethylene plastics film. On the other side of this material is a thin layer of polyethylene plastics foam. This material is stated to be used as a packaging material. Your letters indicate that the woven textile strip portion (800 denier) may be of a 8 x 10 or 10 x 10 per square inch construction. The overall thicknes of the finished material will range from 1mm to 5mm and, therefore, will weigh 2.82 to 3.40 ounces per square yard (the variation created solely by the varying thicknesses of the foam portions). You provided the following weight breakdown for one of these materials as follows:

8 x 10/square inch

Wt. of woven tarp portion: 2.82 oz/y²

Wt. Of foam sponge layer: 1.18 oz/y²

Wt. Of glue adhesive: 0.30 oz/y²

Total wt.: 4.30 oz/y²

The applicable subheading for the product will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of other than cellular plastics, 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,


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