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NY F86234





May 15, 2000

CLA-2-56:RR:NC:TA:350 F86234

CATEGORY: CLASSIFICATION

TARIFF NO.: 5603.14.9010; 7019.39.1090

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

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

Dear Mr. Greene:

In your letter dated April 14, 2000, you requested a classification ruling. The supplier is FAMOS GmbH, Germany.

Four representative samples were submitted, which were identified as Famotop P4, Famos PYP G4, Famos PYP S4 and Famos PYP S4B, respectively.

The first item, Famotop P4, as described in your correspondence, consists of a single ply nonwoven polyester man-made fiber 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 covered with a meltable polyethylene plastic film which has been embossed to produce a waffled effect. The top side has been coated with a fine silica sand. The material measures about 4 mm in thickness and will be imported in rolls measuring 10 meters long and 1 meter wide. It weighs 3,950 grams per square meter. This material will be used as a first or second layer of roof waterproofing systems.

The second item, Famos PYP G4, is similar in construction and design to the first item, except that instead of a containing a single ply of nonwoven man-made fiber substrate, it has a glass fiber mat. The material measures about 4 mm in thickness and will be imported in rolls measuring 5 meters long and 1 meter wide. It weighs 4,100 grams per square meter and will be used as a first or second layer of roof waterproofing systems.

The third item, Famos PYP S4, as described in your correspondence, 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 covered with a meltable polyethylene plastic film which has been embossed to produce a waffle effect. The top side has been coated with what appears to be a fine silica sand as stated in your letter. The material measures about 4 mm in thickness and will be imported in rolls measuring 5 meters long and 1 meter wide. It weighs 4,100 grams per square meter. This material will be used as a first or second layer of roof waterproofing systems.

The fourth and final item, Famos PYP S4B, as described in your correspondence, 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 covered with a meltable polyethylene plastic film which has a relatively flat surface. The top side has been coated with slate granules. The material measures about 4.2 mm in thickness and will be imported in rolls measuring 5 meters long and 1 meter wide. It weighs 4,600 grams per square meter. This material can be used as a restoration membrane or as a first or second layer of roof waterproofing systems.

The applicable subheading for styles Famotop P4, Famos PYP S4 and Famos PYP S4B 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.

The applicable subheading for style Famos PYP G4, will be 7019.39.1090, HTS, which provides for glass fibers , and articles thereof, thin sheets (voiles), webs, mats, and similar nonwoven products, other than mats and thin sheets . The duty rate is 4.9 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 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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