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NY H89899





April 16, 2002

CLA-2-39:RR:NC:SP:221 H89899

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.4090; 3926.90.9880; 5603.12.0090

Mr. Ralph Natale
American Shipping Company Inc.
140 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of components for the manufacture of coffee packets from the United Kingdom.

Dear Mr. Natale:

In your letter, which was received in this office on March 26, 2002, on behalf of Flavia Beverage Systems, you requested a tariff classification ruling.

Samples were provided with your letter. The components to form the coffee packets consist of laminated foil, spun bonded polypropylene nonwoven fabric, and plastic nozzles and rails. The foil is imported in rolls of 1000 meters, and is composed of layers of polyethylene terephthalate (PET), aluminum foil and polypropylene laminated together. The PET, aluminum foil and polypropylene are, respectively, 12 microns, 9 microns and 55 microns in thickness. The weight of the plastic components far exceeds the weight of the aluminum. This laminated foil will be used to form coffee packets. The spun bonded polypropylene fabric is imported in rolls, and will be further manufactured after importation to line the coffee packets. The nonwoven fabric was informally weighed and was found to weigh 45 grams per square meter. The plastic rails and nozzles are used to display the coffee packets, which can be individually removed. The rails have holes punched in them and are worked beyond the scope of profile shapes. The “nozzles” are not designed for use in the flow of liquids or gases, but are used to secure the coffee packets to the rails.

The applicable subheading for the aluminum/plastic foil laminate will be 3921.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics: other: flexible: other. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the plastic nozzles and rails will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem. The applicable subheading for the spun bonded polypropylene fabric will be 5603.12.0090, HTS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments, weighing more than 25 g/m2 but not more than 70 g/m2. 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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