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NY I83250




June 28, 2002

CLA-2-59:RR:NC:TA: 350 I83250

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Mr. Bob Murphy
RJM Sales, Inc.
1830 North Hudson
Chicago, IL 60614

RE: The tariff classification of a polypropylene plastics coated tarpaulin type material, for use in lumber wrap, recreational vehicle and mobile home industries, etc., from China.

Dear Mr. Murphy:

In your letter dated June 14, 2002, you requested a classification ruling. This letter is a follow up to your earlier correspondence where we did not have sufficient information.

The instant sample (“LW material”), consists of clear woven polypropylene textile strips (i.e. measuring not over 5 mm in apparent width), having a count of 6 x6 per square inch (650D x 650D). This material has been visibly coated/laminated on side with 25 microns of a densely pigmented, high density, polypropylene plastic film which is white in color while the other side has been similarly coated with 12.5 microns of a tan pigmented polypropylene plastics material.

This material will be imported as roll goods having widths ranging from 72 to 120 inches and lengths of 500 to 5,000 yards. The following technical weight specifications were provided for this material:

Wt. Of Fabric: 1.764 oz/y²
Wt. Of PP: .346 oz/y²
Total Wt.: 2.110 oz/y²

Since the subject material is completely covered on both sides with plastic, pertinent Chapter 59, note 2(a)(3) reads:

“Heading 5903 applies to textile fabrics, impregnated, coated, covered or laminated with plastics, other than products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, providing that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39).”

Therefore, the applicable subheading for the material will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, other than cellular, combined with a single textile material, other, 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 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division

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