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NY F89206




July 20, 2000

CLA-2-39:RR:NC:SP:221 F89206

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.62.0000; 3920.10.0000

Mr. Michael A. Capuzzi
Rodriguez, O’ Donnell, Fuerst, Gonzalez & Williams 20 North Wacker Drive
Suite 1416
Chicago, Illinois 60606

RE: The tariff classification of polyethylene terephthalate (PET) film coated with ethylene vinyl acetate (EVA).

Dear Mr. Capuzzi:

In your letter dated June 27, 2000, on behalf of General Binding Corporation, you requested a tariff classification ruling.

You have provided information for five types of film. A breakdown of the components by weight was included. Product 3 mil 159 is composed of 41.2 percent PET and 58.8 percent EVA (49.39 percent ethylene and 9.41 percent vinyl acetate). Product 3 mil 190 is composed of 74.2 percent PET and 25.8 percent EVA (21.67 percent ethylene and 4.13 percent vinyl acetate). Product 5 mil 18B is composed of 51.4 percent PET and 48.6 percent EVA (40.82 percent ethylene and 7.78 percent vinyl acetate). Product 5 mil Nap II is composed of 26.1 percent PET and 73.9 percent EVA (62.08 percent ethylene and 11.82 percent vinyl acetate). Product 5 mil 155B is composed of 66.6 percent PET and 33.4 percent EVA (28.06 percent ethylene and 5.34 percent vinyl acetate).

The country of origin was not stated in your letter. The rates of duty provided below are those rates applicable when the merchandise is produced in a country with which the United States has Normal Trade Relations.

The applicable subheading for Products 3 mil 190, 5 mil 18B and 5 mil 155B will be 3920.62.0000, 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 polyethylene terephthalate. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for Products 3 mil 159 and 5 mil Nap II will be 3920.10.0000, 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 ethylene. 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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