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NY N007063




March 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3921.90.1950

Ms. Laura Campuzano
Guardian Building Products
979 Batesville Road
Greer, SC 29651-6819

RE: The tariff classification of a plastics coated textile fabric, for use as lumber wrap or housewrap type material, from China.

Dear Ms. Campuzano:

In your letter dated February 13, 2007, you requested a tariff classification ruling.

The subject merchandise, which is identified as “GuardWrap”, consists of a woven fabric (9 x 5) composed of clear, high density (HDPE) polyethylene plastic strips, which measure less than 5 mm in apparent width. As such, they are considered to be textile for tariff purposes. This fabric had been visibly coated on both sides with a milky white, low density (LDPE) polyethylene plastics material. You write that this material has application as a weather or air barrier in residential construction. You provided the following weight specifications for this material:

Wt. Of scrim fabric: 49 g/m² (65.3%)
Wt. Of PE plastic: 25 g/m² (34.7%)
Total Wt.: 75 g/m²

The applicable subheading for the material, which will be imported as roll goods, 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.

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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