CLA-2-46:OT:RR:NC:2:230
Ms. Linda S. Waits
Schenker Logistics
Schenker, Inc.
7221 Investment Dr.
N Charleston, SC 29418
RE: The tariff classification of metal wrap composed of woven polyethylene strips laminated with paper from China
Dear Ms. Waits:
In your letter dated April 8, 2008, on behalf of Maxwell International Trading, you requested a tariff classification ruling.
The ruling was requested on two samples of steel/metal wrap composed of woven polyethylene strips laminated with paper. The steel/metal wrap will be imported in rolls measuring 3000m long and up to 144” wide.
Sample 0727-A is described as a “paper laminated with polyethylene strips product, 55% by weight of which is the paper.” It consists of a woven sheet of polyethylene strips laminated with a sheet of brown paper. The polyethylene strips are stated to measure 5.1 mm wide (+0.2 mm, -0.0mm). The warp contains 4.8 strips per inch; the weft contains 2.8 strips per inch (with open spaces). The woven polyethylene sheet is not coated on either side prior to lamination with the paper. The woven sheet is laminated to the paper using a hot melted plastic composed of a blend of low density polyethylene resin.
Sample 0727-B is described as a “paper laminated with polyethylene strips product, 51% by weight of which is the paper.” It consists of a woven sheet of polyethylene strips laminated with a sheet of brown paper. The polyethylene strips are stated to measure 5.1 mm wide (+0.2 mm, -0.0mm). The warp contains 4.8 strips per inch; the weft contains 4.5 strips per inch. The woven polyethylene sheet is not coated on either side prior to lamination with the paper. The woven sheet is laminated to the paper using a hot melted plastic composed of a blend of low density polyethylene resin.
Classification of the above described merchandise is based on its condition as imported.
If sample 0727-A and sample 0727-B consist of a woven sheet of strips of polyethylene exceeding 5 mm in apparent width (apparent width is the width in the folded, flattened, compressed or twisted state), laminated to a sheet of paper, the applicable subheading will be 4601.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles; other (than of vegetable materials). (Products of heading 4601 may be reinforced or backed with paper.) The rate of duty will be 3.3 percent ad valorem.
If sample 0727-A and sample 0727-B consist of a woven sheet of strips of polyethylene measuring 5 mm or less in apparent width, laminated to paper, the applicable subheading will be 5907.00.3500, HTSUS, which provides for textile fabrics otherwise impregnated, coated or covered; laminated fabrics, other, other. The 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/.
Sample 0727-A and sample 0727-B, fall within textile category 229, if they consist of a woven sheet of strips of polyethylene measuring 5 mm or less in apparent width. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
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,
National Commodity
Specialist Division