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NY J88714




October 2, 2003

CLA-2-39:RR:NC:SP:221 J88714

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.10.0000; 3920.20.0000

Ms. Martha Londono
409 A Street
St. Augustine, FL 32080

RE: The tariff classification of recycled lumber from Colombia.

Dear Ms. Londono:

In your letter dated September 4, 2003, you requested a tariff classification ruling.

The merchandise is plastic lumber made from recycled polypropylene and polyethylene. You indicated in a telephone conversation that the lumber is made predominantly of polypropylene. In most cases the lumber will measure 6 inches in width, 1½ inches in depth and 18 feet in length. It may also be imported in different lengths, but in all cases it will be in the form of a rectangular solid. Though the sample piece submitted with your request has a hole drilled through it, the imported lumber will not have pre-drilled holes nor will it be further worked in any way.

The applicable subheading for the recycled lumber, when imported in the form of rectangular solids that have not been further worked, and when the polypropylene predominates by weight, will be 3920.20.0000, 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 propylene. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the recycled lumber, when imported in the form of rectangular solids that have not been further worked, if the polyethylene predominates by weight, will be 3920.10.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

Articles classifiable under subheading 3920.10.0000, HTS, or 3920.20.0000, HTS, which are products of Colombia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

You also inquired about the country of origin marking requirements. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Since you have not submitted either a sample or photograph of the proposed marking, we cannot issue a marking ruling. To be considered legally marked, the product must be conspicuously, legibly and permanently marked in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134 described above.

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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