HQ 085209: Lumber wrap of woven laminated plastic textile strips; HRL 083581 augmented

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 085209

                                  November 21, 1989

          CLA-2 CO:R:C:G 085209 JLJ

          CATEGORY: Classification

          TARIFF NO.: 3921.90.1500

          Mr. Dale G. Vander Yacht
          Border Brokerage Company
          P.O. Box B
          Blaine, Washington 98230

          RE: Lumber wrap of woven laminated plastic textile
              strips; HRL 083581 augmented

          Dear Mr. Vander Yacht:

               You submitted additional information in order to obtain a
          tariff classification under the Harmonized Tariff Schedule of the
          United States Annotated (HTSUSA) for a woven laminated
          polyethylene fabric imported from Canada.  The fabric is made by
          your client, Bulldog Bag Ltd.  It is used as a lumber wrap.  You
          submitted a sample previously.

          FACTS:

               The sample submitted consisted of a woven fabric of
          polyethylene plastic textile strips which was laminated on one
          side with a black polyethylene plastics film which was visible.
          On the other side it was laminated with a milky white plastics
          film which visibly changed the surface character of the fabric.
          The fabric is intended for use as lumber covers and lumber wraps.

               In Customs Headquarters Ruling Letter (HRL) 083581 of
          June 15, 1989, we said that we were unable to classify the
          merchandise without additional information.  In your latest
          letter, you supplied the following information:

               1. Scrim   -  9 X 3.2 High Density Polyethylene Resin
                             Unit Weight 1.496 oz. / sq. yd. (52.47%)

               2. Coating -  1 mil white - 0.677 oz. / sq. yd. (23.76%)
                             1 mil black - 0.677 oz. / sq. yd. (23.76%)


















                                         -2-


                  Total coating weight - 1.355 oz. / sq. yd. (47.52%)
                  (low density polyethylene resin)

                   Total Unit Weight - 2.851 oz. / sq. yd.

          ISSUE:

               What is the tariff classification of this fabric?

          LAW AND ANALYSIS:

               Chapter Note 2(a)(3) of Chapter 59, HTSUSA, states that
          Heading 5903 covers textile fabrics which have been impregnated,
          coated, covered or laminated with plastics, with certain
          exceptions.  The exceptions include products in which the textile
          fabric is either completely embedded in plastics or entirely
          coated or covered on both sides with such material, provided that
          such coating or covering can be seen with the naked eye with no
          account being taken of any resulting change of color.  The
          "covering" in this context may be achieved by lamination.  Inas-
          much as this fabric is coated or covered with plastics on both
          sides, it is considered to be excluded from Chapter 59 because
          the plastic coating on both sides is visible to the naked eye.
          Consequently, this fabric must be classified by virtue of its
          plastic component in Chapter 39, HTSUSA.

          HOLDING:

               Based on the specifications given above, this fabric is
          classified under the provision for other plates, sheets, film,
          foil and strip, of plastics: other: combined with textile
          materials and weighing not more than 1.492 kilograms per square
          meter: products with textile components in which man-made fibers
          predominate by weight over any other single textile fiber: other,
          in subheading 3921.90.1500, HTSUSA, dutiable at the rate of 8.5
          percent ad valorem.  Products of Canada classified in this
          subheading are eligible for a reduced duty rate of 7.6 percent
          under the United States - Canada Free Trade Agreement if all
          applicable regulations are met.  Textile category 229 applies to
          this subheading.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division













          6cc: A.D. N.Y. Seap. (NIS-350-198)
          1cc: CITA
          1cc: Chief, C&V, Blaine, Wash.
          JLJohnson:tj:typed 09/14/89
          Jones library
          name: 085209JLJ