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NY F85104




April 25, 2000

CLA-2-56:RR:NC:TA:350 F85104

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.14.9010

Mr. Lee Greene
Famos USA, Inc.
7361 Brightwaters Court
New Port Richey, FL 34652

RE: The tariff classification of two modified polymeric bitumen roofing materials in rolls, used for low slope roofing, from Germany.

Dear Mr. Greene:

In your letter dated March 28, 2000, you requested a classification ruling. The supplier is FAMOS GmbH, Germany.

Two representative samples were submitted which were identified as Famogren CU and Famogreen RET CU, respectively.

The first item, Famogreen CU, as described, consists of a single ply nonwoven substrate that has been coated and impregnated on both sides with high grade polymeric bitumen, modified with age stabilizing atactic polypropylene. The bottom portion is flat and has been covered with a meltable polyethylene plastic film. Additionally, this material contains a thin copper foil inlay close to the plastic film side. The copper foil is used to prevent penetration of the roofing membrane by the plant roots.

However, your letter and data sheet describes “Famogreen CU” as having one surface (topside) covered with sand or slate granules. The furnished sample is labeled as “Famogreen WS/CU” and is not covered with any type of granules. The surface has a molded “waffle” appearance. This fact would not change the classification consideration of the good.

This material measures about 4 mm in thickness and will be imported as roll goods measuring about 7.5 meters in length and 1 meter in width. It weighs 5,200 g/m². This material is used as the top layer of a root resistant sealing system for Green roofs with extensive or intensive vegetation cover.

The second item, Famogreen RET CU, consists of a single ply nonwoven substrate that has been coated and impregnated on both sides with high grade polymeric bitumen, modified with age stabilizing atactic polypropylene. The bottom layer (also with a waffle effect) is stated to contain a meltable polyethylene plastic film (not visible in the furnished sample) while the top portion has an additional layer of hydrogel (acrylamid/acrylacid-copolymerisat) underneath a polyester fleece. Additionally, this material also contains a thin copper foil inlay. This material measures about 4 mm in thickness, slightly thicker because of the hydrogel layer, and will be imported as roll goods measuring about 7.5 meters in length and 1 meter in width. It weighs 4,533 g/m². This material is used as the top layer of a root resistant sealing system for Green roofs with extensive or intensive vegetation cover. The hydrogel layer stores water and releases it back to the plants to help them grow.

These qualities are basically the same, except for the copper foil, as were the ones for which you received a ruling in New York file F82028.

The applicable subheading for the two styles will be 5603.14.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, weighing more than 150 g/m², impregnated, coated or covered with material other than or in addition to rubber, plastics, wood pulp or glass fibers. The duty rate will be Free.

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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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