NY 850983
APR 18 1990
CLA56:S:N:N3H:350 850983
Mr. S. Castro Columbia Shipping Inc. 138-01 Springfield Blvd. Jamaica, NY 11413
RE: The tariff classification of a drainage item and waterproofing sheet which are both used in construction from Korea.
Dear Mr. Castro:
In your letter dated March 29, 1990 on behalf of Kolon America, Inc.,, you requested a tariff classification ruling.
The first item, a sample of which was submitted consists of a flexible "corrugated" extruded sheet composed of polyethylene plastic. This sheet is laminated on both sides with a nonwoven fabric of man-made fibers which allows water to seep through the grooves in the plastic. The sheet measures approximately 94mm wide, 3mm in thickness and weighs 130g/m (H.D.P.E. - 110g/m and nonwoven - 20g/m). The second item, a water- proofing sheet, consists of a thermal plastic sheet extruded with ethylene copolymer bitumen. The widths are stated to be 1.2m or 2.2m and the thickness 1.2mm, 1.5mm, 1.8mm and 2.0mm.
The applicable subheading for the first item will be 5603.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated, laminated fabrics. The rate of duty will be 16 percent ad valorem.
The applicable subheading for the second item will be 6807.10.00 (if imported in rolls) or 6807.90.00 ( if cut to size) Harmonized Tariff Schedule of the United States (HTS), which provides for articles of asphalt. The rates of duty will be 4.9 and 5.3 percent respectively.
The first item falls within textile category designation 223. Based upon international textile trade agreements, products of Korea are subject to quota and the requirement of a visa. There are no textile restraints for the second item. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On current Import Quotas (Restraints Levels), an internal issuance of the U.S. customs Service, which is available for inspection at your local Customs office.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely, Jean F. Maguire Area Director New York Seaport