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NY K84901




May 7, 2004
CLA-2-39:RR:NC:TA:350 K84901

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Mr. Alan DeMarco
K.C. Burdette Company, Inc.
1201 Corbin Street
Elizabeth, NJ 07201

RE: The tariff classification of polyethylene plastics laminated, tarpaulin type material, from India.

Dear Mr. DeMarco:

In your letter dated March 30, 2004, on behalf of Bigbags India Pvt. Ltd., you requested a tariff classification ruling.

The instant sample, as described in your letter, consists of a woven fabric composed of clear polyethylene plastic strips measuring less than 5 mm (about 4 mm) in apparent width. As such, these strips are considered to be textile for tariff purposes. This material has been laminated on both sides with a significant layer of black pigmented polyethylene plastics film. This material, which will be imported in rolls measuring 144 inches wide and 1,100 feet in length, has application in the manufacture of bags. This material was informally weighed and was found to weigh approximately 81grams per square meter.

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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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