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NY N022958




February 29, 2008

CLA-2-70:OT:RR:NC:1:126

CATEGORY: CLASSIFICATION

TARIFF NO.: 7019.90.1000

W. J. Byrnes & Co.
205 Business Center
Suite 138
8383 NE Sandy Blvd.
Portland, OR 97220

RE: The tariff classification of a woven fiberglass article from China

Dear Mr. Marshall:

In your letter dated January 31, 2008, on behalf of your client, SpiderLath, Inc., you requested a tariff classification ruling on a woven fiberglass article. A sample of a piece of the material comprising this product was submitted with your ruling request.   

The subject article, identified as “SpiderLath”, is a woven fiberglass mesh/fiberglass lath system with ethylene vinylacetate (EVA) backing strips that will be imported in rolls 4 feet wide by 75 feet long. You indicated in a telephone conversation that the fiberglass mesh is coated with a stiffener.

According to the information that was submitted with your ruling, the fiberglass mesh/fiberglass lath system is used as a cladding masonry support. The product can be used to install stucco and stone veneer. It can also be used over existing surfaces to apply masonry finishes.

In your presentation, you suggest classification under subheading 7019.31.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glass fibers (including glass wool) and articles thereof...thin sheets (voiles), webs, mats, mattresses, boards and similar nonwoven articles: mats. This subheading does not apply since the product is a woven article.

The applicable subheading for the woven fiberglass mesh/fiberglass lath system with EVA backing strips will be 7019.90.1000, HTSUS, which provides for glass fibers (including glass wool) and articles thereof (for example, yarn, woven fabrics (con.): other: woven. The rate of duty will be 4.8 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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