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NY H82984




July 24, 2001

CLA-2-63:RR:NC:N3:351 H82984

CATEGORY: CLASSIFICATION

TARIFF NO.: 6306.12.0000

Mr. Tom Martin
Trade Advisor
Deringer Logistics Consulting Group
6930 Metroplex Drive
Romulus, MI 48174

RE: The tariff classification of a polyethylene curing blanket for concrete.

Dear Mr. Martin:

In your letter dated June 20, 2001, you requested a ruling on behalf of Layfield Geosynthetics & Industrial Fabrics Ltd. on tariff classification.

You submitted a foot square corner piece of a concrete curing blanket, which you state is sometimes called an insulated tarpaulin. You state that the composition is 100% polyethylene: the outer layers are composed of woven strips of polyethylene, with each strip measuring no more than 5mm; the surface that faces outward is coated with 100% polyethylene coating. Between the two fabric layers are two layers of closed cell polyethylene foam, each approximately 5mm. The edges are folded over and sewn (although you state that they might be heat-sealed) and there are metal grommets. They are typically six feet by twenty-five feet.

The item’s primary use is for covering wet concrete so that the concrete retains heat and moisture for several days, which increases its strength. It is also used to insulate construction sites in winter.

You state your belief that the correct classification of this item is in subheading 3926.90.9090, Harmonized Tariff Schedule of the United States (HTS), which has been replaced by subheading 3926.90.9090, which provides for other articles of plastics, other. However, the plastic coating on the polyethylene sheet that faces inward remains transparent and is not visible to the naked eye, making this fabric a textile, not plastic, for classification purposes.

The applicable subheading for this product will be 6306.12.0000, HTS, which provides for tarpaulins, awnings and sunblinds, of synthetic fibers. The general rate of duty will be 9.2 percent ad valorem. This provision falls within textile category designation 669. You have not stated the country of origin, but based upon international textile trade agreements products of many countries are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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