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NY I89729




February 12, 2003

CLA-2-39:RR:NC:SP:221 I89729

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.4090

Mr. W. Christopher Lewis
Advanced Flexible Composites, Inc.
14 Walter Court
Lake in the Hills, IL 60156

RE: The tariff classification of silicone coated fiberglass sheet from England or Saudi Arabia.

Dear Mr. Lewis:

In your letter dated December 27, 2002, you requested a tariff classification ruling.

Two sample swatches of material were submitted with your request. Styles 30-15 and 30-62 are identified as DuraSil silicone fabrics. These styles consist of plain woven fiberglass fabric coated on both sides with silicone. Though you refer to silicone as “rubber,” for tariff purposes silicone is considered to be a plastic material. Style 30-15 contains 57 percent by weight of silicone. Style 30-62 contains 45 percent by weight of silicone. You state that the value of the silicone generally comprises over 70 percent of the total cost of the coated material.

The applicable subheading for the DuraSil silicone coated fiberglass fabrics, styles 30-15 and 30-62, when imported in the form of sheets, whether or not on rolls, 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: flexibleother. The general rate of duty will be 4.2 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the coated fiberglass fabric when converted into fabricated parts. Your request for a classification ruling should include a complete description of the products that will be produced using this fabric. Provide complete details about the use of the fabricated parts. Include pictures or illustrations. When this information is available, you may wish to consider resubmission of your request.

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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