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NY G84179




November 15, 2000

CLA-2-39:RR:NC:TA:350 G84179

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Ms. Brenda Chidester
Western Overseas Corp.
4111-K Roselake Drive
Charlotte, NC 28217

RE: The tariff classification of a PVC coated Geotextile Grid material for use in soil reinforcement, etc., from Germany.

Dear Ms. Chidester:

In your letter dated November 6, 2000, on behalf of Huesker Inc., Charlotte, NC, you requested a classification ruling. The supplier is Huesker Synthetic GMBH, Germany.

The instant sample, identified as Fortrac MP Geogrid material, consists of an open mesh leno woven fabric composed of high tenacity polyester yarns. The woven fabric is subsequently, entirely coated with a black colored, compact polyvinyl chloride plastics material (not PVA as also mentioned in the importer’s letter) that is amply visible to the naked eye other than by a change of color. Because of the mesh size, only the yarns remain completely covered by the plastic. The instant sample has a mesh size of approximately 7/8" x 1 1/8." Your correspondence and brochure indicate that this material will range in weight from 5.5 to 21 ounces per square yard have mesh sizes varying from .8 x .8. inch to 2.0 x 2.0 inch. These materials are of a type that are used in construction projects for soil reinforcement in retaining walls, slopes and landfill lining systems, etc. They will be imported as roll goods having standard roll dimensions of 328 feet long by 12.14 feet wide.

You refer to two rulings (NY 818692 of 2-15-96 and NY B86204 of 7-2-97) previously issued for Fortrac and ask would they also apply to this product, being of slightly different configuration. They do.

The applicable subheading for this Fortrac material will also be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, combined with a single textile material, other, and weighing not more than 1.492 kg/m². The 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 George Barth at 212-637-7085.

Sincerely,

Robert B. Swierupski
Director,

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