CLA-2-76:OT:RR:NC:1:117

Robert Basinski
Cooper Vision, Inc.
370 Woodcliff Drive
Fairport, NY 14450

RE: The tariff classification of aluminum foils from France.

Dear Mr. Basinski:

In your letter dated December 11, 2007, on behalf of CooperVision, Inc. you requested a tariff classification ruling. Four representative samples were submitted with your request.

The products to be imported are two types of aluminum foil, known commercially as Steril Up®, Aluthene® 70 llE116/8 and Aluthene® 70 llE116/9. This high end lidding material is used for the packaging of contact lenses. Each of these products consists of an aluminum foil measuring .07 mm in thickness. In an extrusion coating process, the aluminum foil is unwound and coated with a melt that is pressed onto the metal under controlled tension between the pressure and chill roll. Introduced through an extrusion die, this melt coats one side of the aluminum foil with lacquer and the other side with polypropylene.

Sample #1, referred to as DD Strip Blister Foil, is made up of Aluthene 70 llE 116/9. This foil has a blue pigmented lacquer coating on one side and a polypropylene coating on the other, the former of which contains pre-printed data. It measures .0980 mm in total thickness and is imported in rolls. Sample #2, referred to as DD Card Blister Foil, consists of Aluthene 70 llE 116/8. Measuring .0920 mm in total thickness, this foil has a blue pigmented lacquer coating on one side and a polypropylene coating on the other. This product is imported in pre-cut perforated pieces measuring 5 3/4 inches x 3 ½ inches. Sample #3, referred to as Weekly Blister Foil, is Aluthene 70 llE 116/9 having a clear lacquer coating on one side and a polypropylene coating on the other. This product measures .0940 mm in total thickness and is imported in rolls. Sample #4, referred to as OSCA Blister Foil, consists of Aluthene 70 llE 116/8 with a clear lacquer coating on one side and a polypropylene coating on the other. Measuring .0940 mm in total thickness, this product is imported in pre-cut pieces measuring 1 ½ inches x 1 inches.

The applicable subheading for the pre-cut aluminum foils will be 7607.19.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum foil (whether or not printed, or backed with paper, paperboard, plastics, or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm, not backed, other, other, cut to shape, of a thickness not exceeding 0.15 mm. The rate of duty will be 5.7 percent.

The applicable subheading for the aluminum foils in roll form will be 7607.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum foil (whether or not printed, or backed with paper, paperboard, plastics, or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm, not backed, other, other, other. The rate of duty will be 3 percent.

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/.

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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division