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NY M80567




February 15, 2006

CLA-2-39:RR:NC:TA:350 M80567

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950; 3926.90.9880

Mr. Keith Rourk
Rogers & Brown Customs Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of two types of PVC coated textile materials, from an unspecified country.

Dear Mr. Rourk:

In your letter dated February 8, 2006, on behalf of John Boyle & Company, Statesville, NC 28687, you requested a tariff classification ruling.

The first item, identified as Product #1 (General Laminate), consists of an open mesh, weft inserted, warp knit fabric (scrim) 1,000 x 1,000 (9 x 9) composed of 100% polyester man-made fibers that has been laminated on both sides with a compact (4.5 mm) polyvinyl chloride plastics material, leaving a relatively flat surface having no open spaces. Your correspondence indicates that this material is 85% by weight of plastic and 15% by weight of polyester, respectively. The material weighs 13 ounces per square yard. This material will be imported as roll goods measuring 61-inches wide and 100 yards in length.

The second item, identified as Product #2 (Vinyl Coated Mesh), consists of an open mesh, weft inserted warp knit fabric (scrim), 1,000 x 1,000 (10 x 10) composed of 100% polyester man-made fibers that has been coated on both sides with a compact polyvinyl chloride plastics material leaving relatively large open spaces. The open spaces in the instant samples are sufficiently large enough so that the material cannot be considered to have a broad surface. Further, the weave is not tight enough, and nor are the yarns close enough, for them to form a continuous surface. The finished weight of this material is 5.6 ounces per square yard. This material will be imported as roll goods measuring 61-inches wide and 80 yards in length.

The applicable subheading for the Product #1 (General Laminate) will be 3921.90.1950, Harmonized Tariff Schedule of the United States (HTSUS), 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.

The applicable subheading for the Product #2 (Vinyl Coated Mesh) will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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