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NY N018423





November 13, 2007

CLA-2-46:OT:RR:NC:2:230

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000; 3921.90.1950; 5907.00.3500

Ms. Colleen Campbell
Engineered Coated Products
369 Elgin Street
Brantford, Ontario N3S 7P5
Canada

RE: The tariff classification of woven coated polypropylene and polyethylene material and laminated polyethylene and paper material from Canada

Dear Ms. Campbell:

In your letter dated October 4, 2007 you requested a tariff classification ruling.

The ruling was requested on four different products referred to as “Metal Wrap.” The products are wrapping materials composed of woven polypropylene or polyethylene strips and may be laminated to paper. The materials will be imported in roll form in various width and lengths. Representative samples and product performance sheets were submitted.

Sample A, identified as “Flex-Gard® PP Metal Wrap,” is a woven polypropylene (PP) sheet stated to be composed of strips or tapes of polypropylene measuring 5.1 mm in width. It is coated on both sides with a visible polypropylene coating.

Sample B, identified as “Flex-Gard® PE Metal Wrap,” is a woven polyethylene (PE) sheet stated to be composed of strips of polyethylene measuring 5.1 mm in width. It is coated on both sides with a visible polyethylene coating.

Sample C, identified as “Flex-Gard® 2K Metal Wrap,” is a laminated sheet composed of woven polyethylene strips (described as 5 x 3 PE woven) laminated to kraft paper. The woven PE sheet is coated with a visible polyethylene coating.

Sample D, identified as “Flex-Gard® 1A Metal Wrap,” is a laminated sheet composed of woven polyethylene strips (described as 5 x 5 PE woven) laminated to kraft paper. The woven PE sheet is coated with a visible polyethylene coating.

Classification of the above described merchandise is based on its condition as imported.

If samples A, B, C, and D, described above, consist of strips of polypropylene or polyethylene exceeding 5 mm in apparent width (apparent width is the width in the folded, flattened, compressed or twisted state), the applicable subheading will be 4602.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; other (than of vegetable materials). The general rate of duty will be 3.5 percent ad valorem.

If samples A and B, described above, consist of strips of polypropylene or polyethylene measuring 5 mm or less in apparent width, the applicable subheading will be 3921.90.1950, HTSUS, which provides for other plates, sheets, film, foil and strip, of plastics, other than cellular, combined with textile materials and weighing not more than 1.492 kg/m², other. The general rate of duty will be 5.3 percent ad valorem.

If samples C and D, described above, consist of strips of polypropylene or polyethylene measuring 5 mm or less in apparent width, the applicable subheading will be 5907.00.3500, HTSUS, which provides for textile fabrics otherwise impregnated, coated or covered; laminated fabrics, other, other. The general rate of duty will be 8 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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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