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June 2, 1999

CLA-2-39:RR:NC:SP:221 E81672

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Jennifer Regan
Trade Systems International
148 York Street
Suite 308
London, Ontario, CA N6A 1A9

RE: The tariff classification of “Platon” construction materials from Canada.

Dear Ms. Regan:

In your letter dated April 15, 1999, on behalf of Big ‘O’ Inc., Canada, you requested a tariff classification ruling.

You have submitted three samples of products described as “Platon” construction materials. All are made of polyethylene and are used in the construction industry as foundation protection. The first article is described as Platon membrane. It is available in lengths of 20 meters and in three different widths. Item 02953 measures 1.83 meters in width. Item 01847 measures 2.07 meters in width. Item 02747 measures 2.44 meters in width. The Platon membrane is first extruded into a sheet and then further worked by a vacuum molding process to create a dimpled surface. The dimples provide for drainage and moisture vapor control for basements. The Platon membrane is attached to the foundation and secured with caulking to provide protection to the foundation from moisture.

The second sample is described as a Platon plug. The plug has a disc shaped base and a shaft at the center. The plug measures 2 centimeters in diameter at its widest point and 1.5 centimeters in overall height. The shaft is hollow and the opening extends through the base. The plug is used in the securing of the Platon membrane to the foundation. The plug fits into one of the dimples, and a fastener is driven through the hole and into the foundation wall.

The third sample is described as Platon molding. The molding is extruded into a profile shape. The profile has been further worked by means of pre-punched holes. The molding will be used at the edges of the membrane around foundation windows and at the base of the membrane on sloped grades.

The applicable subheading for the Platon membranes, Platon plugs, and Platon molding will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The general 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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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