NY 866906

October 9 1991


CLA-2-84:S:N:N1:102 866906

Ms. Randi Brown
C.I. Tech International, Inc.
11 Skyline Drive
Hawthorne, N.Y. 10532

RE: The tariff classification of a linear low density polyethylene film check valve from Japan

Dear Ms. Brown:

In your letter dated September 5, 1991 you requested a tariff classification ruling.

The item in question is a thin, plastic film tube that is used as a part of a Mylar balloon. The tube is bonded to the balloon and is used as a positive check valve in the filling of the balloon. The nozzle, from the compressed helium tank, is inserted into one opening of the tube and gas is blown in. Upon completion, the nozzle is removed and the tube seals flat against itself, thereby preventing any reverse flow. As in other check valves, additional air can always be added to the balloon, but no air is allowed to escape.

The valves are available either on a continuous roll or by individual piece, and come in two styles: 150mm X 25mm, and 121mm X 9mm. Physically they resemble a flat, clear strip with the Japanese manufacturer's name printed on a colored background.

The applicable subheading for the polyethylene film check valves will be 8481.30.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for check valves of material other than brass, iron, steel or rubber. The rate of duty will be 4.4 percent ad valorem.

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