CLA-2-39:RR:NC:TP:350 A89274
Ms. Judy Campbell
W.Y. Moberly, Inc.
Box 164
Sweetgrass, Montana 59484
RE: The tariff classification of high density polyethylene woven strip
material having a low density PE plastic coating or laminate on both sides, for
the manufacture of outdoor covers and tarps, from Korea.
Dear Ms. Campbell:
In your letter dated October 21, 1996, on behalf of Inland Plastics Ltd.,
Alberta, Canada, you requested a tariff classification ruling.
We note per a recent telephone conversation with your office that you wish
the classification of these fabrics imported in bulk rolls directly into the
United States from Korea. You further state that these materials will be
manufactured into outdoor covers in the United States after their importation.
Samples of four representative styles were submitted, some in their own
color groups. The first item, product# 1055, consists of a woven fabric (1000D,
10x10) composed of high density PE textile man-made fiber strips that has been
covered on both sides with a 2 mil pigmented (orange) polyethylene plastics
material. This coating is in sufficient amount to be visible to the naked eye.
The material weighs 4.5oz/y2 and is orange in color.
The second item, product# 1577(1200D), consists of a similar material
(1,200D, 15x15) that has been visibly coated on both sides with a 3 mil PE
plastic coating. This material weighs 7.4oz/y2 and is black in color.
The third item, product# 1655 U.V.I., consists of two similar materials
(1,200D, 16x16) that have been visibly coated on both sides with a 2 mil PE
plastic coating. The material weighs 6.8oz/y2. A white and blue sample was
submitted.
The fourth and final item, identified as product# 1455, was submitted in
six variations. The first one, 1455 (1200) submitted in three color variations,
a blue, a black and a white are similar in construction to the materials
described above. They have been visibly covered on both sides with a 2 mil PE
plastics material. The materials weigh 6 oz/y2.
The next variation of
product# 1455, Silver/Black (1,200D, 14x14) is similar in construction to those
described above. It has been visibly coated on both sides with a 2 mil
pigmented plastics material. Black on one side and gray on the other. This
material weighs 6 oz/y2.
The third variation of product# 1455 (1,200D, 14x14), identified as 1455
U.V.I. and orange in color is similar in construction and configuration to the
others. It has been visibly coated on both sides with a pigmented PE plastics
material. This material weighs 6 oz/y2 and is orange in color.
The final variation of product# 1455 U.V.I., (1,200D, 14x14) is similar in
construction and configuration to the others. It is composed of a clear PE
plain woven material composed of polyethylene textile man-made fiber strips
under 5mm wide that has been coated on both sides with a 2 mil clear PE plastic
which is not visible to the naked eye. This material weighs 6 ounces per square
yard.
The applicable tariff provision for products no.'s 1055, 1577(1200D), 1655
U.V.I., 1455 (1200), 1455 Silver/Black and 1455 U.V.I. (orange) will be
3921.90.1950, Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for other plates, sheets, film, foil and strip, of
plastics, combined with a single textile material, other, and weighing not more
than 1,492kg/m2 . The general rate of duty will be 5.3 percent ad valorem.
The applicable tariff provision for product no. 1455 U.V.I. (clear) will be
5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn,
... obtained from strip or the like. The duty rate is 13.6 percent ad valorem.
Style 1455 U.V.I. (clear) falls within textile category designation 620.
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
other materials.
The designated textile and apparel categories may be subdivided into parts.
If so, visa and quota requirements applicable to the subject merchandise may be
affected. 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 (Restraint 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 Part 177 of the Customs
Regulations (19 CFR 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 George Barth at 212-466-5884.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division