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April 15, 1999

CLA-2-39:RR:NC:SP:221 D89645

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.10.0000; 3920.20.0000; 3920.62.0000

Mr. Carl R. Soller
Soller, Shayne & Horne, Attorneys at Law
46 Trinity Place
New York, NY 10006

RE: The tariff classification of polyethylene/polypropylene and polypropylene/polyethylene terephthalate film from the United Kingdom.

Dear Mr. Soller:

In your letter dated March 17, 1999, on behalf of KM Packaging Services, you requested a tariff classification ruling.

The product consists of printed noncellular plastic film in roll form. After importation, the film will be cut to form packaging for food and candy products. The film is printed with product information such as the name of the product, the net weight, the ingredients and other nutrition information. The printing is considered to be merely incidental to the primary use of the product as packaging material.

The film will be made with two different constructions. Each type consists of two layers of plastic film with the ink printing sandwiched between the two layers. In each case, one layer will be polypropylene. The second layer will consist of either polyethylene or polyethylene terephthalate (PET). You indicate that in each of the constructions, the layer of polypropylene will weigh less than the layer of polyethylene or PET. Classification of the laminated films is according to the polymer which predominates by weight.

The applicable subheading for the film if the polyethylene predominates by weight will be 3920.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials...of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the film if the polyethylene terephthalate predominates by weight will be 3920.62.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials...of polyethylene terephthalate. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the film if the polypropylene predominates by weight will be 3920.20.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials...of polymers of propylene. The rate of duty will be 4.2 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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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