CLA-2-37:OT:RR:NC:N2:235
Mr. Fred Capasso
Presstek, Inc.
55 Executive Drive
Hudson, NH 03051
RE: The tariff classification of a PearlDry Plus Plates from USA
Dear Mr. Capasso:
In your letter dated April 25, 2008, and subsequent resubmission received by this office on February 25, 2009, you requested a tariff classification ruling. You also requested verification that the product will be eligible for preferential treatment under the North American Free Trade Agreement (NAFTA). Documents received by this office indicate that the product is manufactured in the United States and will be exported. The sample which you submitted is being retained by this office.
Documents received by this office describe the plates as a white filled polyethylene terephthalate film (PET), which is vacuum coated with a titanium layer and imaged through an ablative process via a laser. The titanium is over coated with a silicone rubber which becomes the ink repelling layer for a waterless printing plate. The film is slit to width and spooled onto cores which are used in a direct imaging press. You indicate, that the imaging layer is not sensitized but has an ultra thin metallic layer which is capable of absorbing laser energy in a localized area.
The central core of the film is a rigid, hollow metallic cylinder which has two notches drilled out on one side. These notches appear to serve as an attachment point in the printer. The sample received has no gears or moveable parts. It measures approximately 345 millimeters in width.
The applicable subheading for the PearlDry Plus Plates, if imported into the United States will be 3702.44.0130, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Photographic film in rolls, sensitized, unexposed, of any material other than paper, paperboard or textiles; instant print film in rolls, sensitized, unexposed: Other film, without perforations, of a width exceeding 105 mm: Of a width exceeding 105 mm but not exceeding 610 mm: Graphic arts film.” The rate of duty will be 3.7 % ad valorem.
Customs and Border Protection rulings apply to prospective importations into the United States. If these products are to be exported we would suggest that you obtain a classification ruling from the Foreign Customs Service in the country to which the product is being exported.
In regards to your request for a ruling on the applicability of NAFTA: Per 19CFR§181.92(b)(5) [Definitions and general NAFTA advance ruling practice.], this office has no authority to issue rulings on goods exported from the U.S. to other NAFTA countries (Canada or Mexico). A list of addresses from which advance rulings for exports into Canada or Mexico can be requested is located at the U.S. Customs and Border Protection website at www.cbp.gov (click on Trade, Trade Programs, International Agreements, Free Trade Agreements, North American Free Trade Agreement, Advance Rulings).
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 Paul Hodgkiss at (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division