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February 3, 1999

CLA-2-39:RR:NC:SP:221 D86997

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.4090

Mr. Mark A. Erath
Stesalit, AG
CH-4234 Zultwil, Switzerland

RE: The tariff classification of prepreg from Switzerland.

Dear Mr. Erath:

In your letter dated January 8, 1999, you requested a tariff classification ruling.

The prepreg consists of glass fiber fabric impregnated with epoxy resin. You did not state the dimensions in which the prepreg will be imported. For the purposes of this ruling, it is assumed that the prepreg is being imported in the form of rectangular sheets, and that the sheets are flexible.

The applicable subheading for the prepreg will be 3921.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, other, flexible, other. The rate of duty will be 4.2 percent ad valorem.

You have inquired about duty free treatment under the provisions for civil aircraft. Merchandise classifiable in subheading 3921.90.4090, HTS, is not eligible for duty free treatment under the Agreement on Trade in Civil Aircraft.

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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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