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NY L82930




July 15, 2005

CLA-2-39:RR:NC:N2:221 L82930

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.19.0000

Ms. Evelyn Appel-Schaefer
James J. Boyle & Co.
7505 N.E. Ambassador Place, #B
Portland, OR 97220

RE: The tariff classification of expanded polyethylene planks from Malaysia.

Dear Ms. Appel-Schaefer:

In your letter dated July 1, 2005, on behalf of EPE Corporation, Oregon, you requested a tariff classification ruling.

Samples of the expanded, cellular polyethylene foam product were included with your request. Polyethylene beads are molded and formed into planks measuring 910 mm by 1210 mm by 100 mm, for use in various applications.

The applicable subheading for the expanded polyethylene planks will be 3921.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics: cellular: other. The general rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 3921.19.0000, HTS, which are products of Malaysia 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".

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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