CLA-2-39:RR:NC:SP:221 J80009

Mr. Michael Loye
Cargo Brokers International, Inc.
P.O. Box 45427
Atlanta, GA 30320

RE: The tariff classification of laminated plastic/aluminum packaging material from Germany.

Dear Mr. Loye:

In your letter dated January 7, 2003, on behalf of Larson Mardon Singen Gmbh, you requested a tariff classification ruling.

A sample was provided with your letter. The product is packaging foil composed of plastic and aluminum foil. According to the information you provided, the foil consists of a layer of aluminum foil (12 microns in thickness) laminated on one side with polyester film (12 microns in thickness) and on the other side with polyethylene film (50 microns in thickness).

The applicable subheading for the packaging foil will be 3921.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics: other: flexible: other. The rate of duty will be 4.2 percent ad valorem. 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division