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NY J86102




August 8, 2003

CLA-2-39:RR:NC:SP:221 J86102

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.62.0010; 3920.20.0000

Ms. Kris Spurbeck
Target Customs Brokers, Inc.
1000 Nicollet Mall
Minneapolis, Minnesota 55403

RE: The tariff classification of plastic film from China.

Dear Ms. Spurbeck:

In your letter dated July 7, 2003, on behalf of Target Stores, you requested a tariff classification ruling.

Samples were provided with your letter. Various types of film will be imported. In your letter you state that all are mylar film, or more specifically, polyethylene terephthalate film. In a telephone conversation you corrected this information. The film which is metallized (Styles 65443, 65294 and 65300) is composed of polyethylene terephthalate. However, the prismatic holographic film (Styles 65457 and 65414) is said to be composed of polypropylene. Style 65414 includes three sheets of paper packaged for sale with the polypropylene film. The paper and plastic film are classified together as a set. The essential character is imparted by the polypropylene film.

The applicable subheading for the metallized polyethylene terephthalate film will be 3920.62.0010, 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 polycarbonates, alkyd resins, polyallyl esters or other polyesters: of polyethylene terephthalate, metallized. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the prismatic holographic polypropylene film will be 3920.20.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materialsof polymers of propylene. The rate of duty will be 4.2 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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