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NY M81115




April 10, 2006

CLA-2-39:RR:NC:N2:221 M81115

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880

Ms. Anna Szopa
Targo-Scott, LLC
3214 Miriam Ct.
Parsippany, NJ 07054

RE: The tariff classification of anti-flood packets from Poland

Dear Ms. Szopa:

In your letter dated March 6, 2006, you requested a tariff classification ruling.

Samples of the Aqua-Stopper anti-flood packets were submitted with your request. The packets are designed to absorb water to prevent flooding. They can be used to line cellars, doorsteps and building barriers, fill in cracks and breaches in dykes, strengthen riverbanks and secure levees. The packets are available in two sizes, 40cm by 60 cm and 50 cm by 80 cm. The outer material of the packet is made of woven polypropylene (PP) strip fabric. The loose weave of the fabric allows water to flow freely into the bag. There is an inner bag made of spun bonded polypropylene that contains crystals of a polymer based on modified poly(acrylate) and poly(asparaginate). The polymer absorbs many times its weight in liquid, up to 4 gallons of water. The packets may be dried and re-used or may be split open to allow the water to seep slowly into the ground, where the polymer biodegrades. The essential character of the packets is imparted by the absorbent polymer crystals.

The applicable subheading for the Aqua-Stopper anti-flood packets will be 3926.90.9880, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics and articles of other materials of headings 3901 through 3914, 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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