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

Mr. Steve Kim
Greenzone/Fabinno USA Sales
P.O. Box 1216
Huntington Beach, CA 92647

RE: The tariff classification of PLA packaging film.

Dear Mr. Kim:

In your letter dated March 5, 2009, you requested a tariff classification ruling.

Two samples were provided with your letter. The film is composed of polylactic acid (PLA) resin. PLA is a biodegradable saturated polyester derived from corn starch. The film will be imported in various widths with thicknesses ranging from 18 microns to 35 microns. One of the samples is printed, the other is plain.

The applicable subheading for the PLA packaging film will be 3920.69.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polycarbonates, alkyd resins, polyallyl esters or other polyesters: of other polyesters. The rate of duty will be 4.2 percent ad valorem.

You did not state the country of origin. The rate of duty provided above is the rate when the film is made in a country with which the United States has Normal Trade Relations. 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 Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division