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NY H89973

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April 22, 2002

CLA-2-39:RR:NC:SP:221 H89973

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.10.0000; 3917.32.0020; 9817.00.5000

Mr. Kenneth J. Herner
Klerk’s Plastic Products Mfg. Inc.
546 L&C Distribution Park
Richburg, SC 29729

RE: The tariff classification of greenhouse film and silage bags from Belgium.

Dear Mr. Herner:

In your undated letter, received in this office April 1, 2002, you requested a tariff classification ruling.

Samples and sales literature were provided with your letter. The greenhouse film is composed of ethylene butyl acrylate (EBA). The ethylene predominates by weight. The film will be imported in rolls or cut into sheets of various lengths. The film will also be imported in the form of lay flat tubing for use as silage bags.

The applicable subheading for the greenhouse EBA film, when imported in rolls or cut to rectangular shape, will be 3920.10.0000, 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 polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the polyethylene silage bags will be 3917.32.0020, HTS, which provides for tubes, pipes and hoses...not reinforced or otherwise combined with other materials, without fittings, of polyethylene. The rate of duty will be 3.1 percent ad valorem.

In the alternative, the silage bags may be eligible for duty free entry under subheading 9817.00.5000, HTS, which provides for machinery, equipment and implements to be used for agricultural or horticultural purposes, upon compliance with the actual use requirements of sections 10.131 through 10.139, Customs Regulations. 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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See also:

• Tariff No.: 3917.32.00 - Tubes, pipes and hoses, of plastics, other than rigid, not reinforced or otherwise combined with other materials, without fittings
• Tariff No.: 3920.10.00 - Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of ethylene
• Tariff No.: 9817.00.50 - Machinery, equipment and implements to be used for agricultural or horticultural purposes