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NY R03155

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February 17, 2006

CLA-2-39:RR:NC:SP:221 R03155

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.10.0000; 9817.00.5000

Ms. Patricia Glavce
PNG Logistics Co. LLC
P.O. Box 123
10A S7th Street
Akron, PA 17501

RE: The tariff classification of “Silograss” film from Spain, Greece and China.

Dear Ms. Glavce:

In your letter dated January 23, 2006, on behalf of Benco Poly Film LLC, you requested a tariff classification ruling.

Silograss is a 3-layer co-extruded polyethylene stretch film used in agricultural applications as a wrap for bales of hay. It will be imported in rolls in cardboard boxes.

The applicable subheading for the Silograss film will be 3920.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

           In the alternative, the Silograss film may be eligible for duty free entry under subheading 9817.00.5000, HTSUS, which provides for machinery, equipment and implements to be used for agricultural or horticultural purposes, upon compliance with the actual use requirements of sections 10.131 through 10.139, Customs Regulations.

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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See also:

• Tariff No.: 3920.10.00 - Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of ethylene
• Tariff No.: 9817.00.50 - Machinery, equipment and implements to be used for agricultural or horticultural purposes