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NY K87859




July 27, 2004
CLA-2-39:RR:NC:TA:350 K87859

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Mr. Michael T. Ridenour
Reltex Relief Supplies, Inc.
3904 Darlington Avenue, N.W.
Canton, OH 44708

RE: The tariff classification of a tarpaulin type material, for use in roof repairs, from China.

Dear Mr. Ridenour:

In your letter dated July 10, 2004, you requested a tariff classification ruling.

Your write that further to our earlier ruling letter of June 30, 2004 (K86580), where we provided you with the tariff classification of a tarpaulin type material, you would like to know the tariff classification for similar material being imported in rolls measuring 35m x 2m and containing three not one anchoring bands of the same 7.5 cm width.

The merchandise which was the subject of your earlier letter consisted of a woven fabric composed of high density (HDPE) polyethylene plastic strips measuring less than 5 mm in apparent width which was considered textile for tariff purposes. The fabric had been visibly coated on both sides with a low density (LDPE) polyethylene plastics material (compact) which was milky white in color. An ancillary layer of woven polyethylene plastic (anchoring bands) containing carbon black fibers (about 1%) was laminated along the border of the material to provide reinforcement. This layer measured 7.5 cm in width. You indicated that the overall carbon black content of the entire material was about 0.6%. That material was to be imported in sheets measuring about 6 square meters or rolls measuring 60 meters in length, and weighs 200 g/m² +/- 5%, plus 10% for the reinforcement bands.

The current material that you intend to import does not differ appreciably from that which was the subject of your earlier correspondence.

Therefore, 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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