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NY K83823




March 25, 2004
CLA-2-39:RR:NC:SP:221 K83823

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.10.2030; 3919.10.2040; 3919.10.2055

Mr. Gabriel Rodriguez
A Customs Brokerage, Inc.
656 South Drive
Miami Springs, FL 33166

RE: The tariff classification of polypropylene carton sealing tape from Italy.

Dear Mr. Rodriguez:

In your letter dated February 25, 2004, on behalf of Syrom USA, Inc., you requested a tariff classification ruling.

Samples were provided with your letter. The tape is self-adhesive. It will be imported on rolls in widths from 1 inch to 6 inches and in lengths from 55 yards to 1000 yards. The tape is available in brown and transparent versions.

The applicable subheading for the transparent tape in rolls exceeding 55 meters in length, and for all the brown tape, will be 3919.10.2055, Harmonized Tariff Schedule of the United States (HTS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: in rolls of a width not exceeding 20 centimeters: other, other. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the transparent tape imported in rolls not exceeding 55 meters in length and not exceeding 5 centimeters in width will be 3919.10.2030, HTS, which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: in rolls of a width not exceeding 20 centimeters: other: transparent tape, not exceeding 55 meters in length: not exceeding 5 centimeters in width. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the transparent tape imported in rolls not exceeding 55 meters in length but exceeding 5 centimeters in width will be 3919.10.2040, HTS, which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: in rolls of a width not exceeding 20 centimeters: other: transparent tape, not exceeding 55 meters in length: other. The rate of duty will be 5.8 percent ad valorem.

You have also asked about antidumping duties. A list of antidumping proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230. Written decisions regarding the scope of antidumping orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification rulings issued by Customs.

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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