CLA-2-39:RR:NC:SP:221 K89705

Mr. Donald S. Simpson
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of polystyrene foam boards from China.

Dear Mr. Simpson:

In your letter dated September 17, 2004, on behalf of Fibro Source USA Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The foam boards are composed of cellular polystyrene plastic covered on both sides with a thin layer of paper. The boards are rectangular, and will be imported in sizes of 20’’ by 30”, 22” by 28”, 11” by 14”, and 9” by 12”. The boards will be used in presentations by students or businesses.

The applicable subheading for the polystyrene foam boards will be 3921.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics: cellular: of polymers of styrene. The rate of duty will be 5.3 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