H87087 H8 Ruling Active

The tariff classification of fiberglass reinforced polyester sheet from Spain or Argentina.

Issued January 24, 2002 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 3921.90.4090

Headings: 3921

Product description

The product is gel-coated fiberglass reinforced polyester sheet. It will be used as an exterior non-structural cosmetic skin or cover for recreational vehicle sidewalls. A small sample piece was included with your request. You suggest classification in subheading 3921.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-flexible plates, sheets, film, foil and strip, of plastics. Sheets of plastics are considered to be flexible if, in the dimensions as imported, they may be flexed to form an oval shape with the ends touching, and then return to their original shape without evidence of creasing, cracking or distortion. The descriptive literature included with your request shows that the sheets are imported on rolls. This is evidence that, though the small sample submitted with your request is incapable of being flexed, the sheets are flexible in their imported dimensions.

CBP rationale

The applicable subheading for the gel coated reinforced polyester sheet will be 3921.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics…flexible…other.

Full text

NY H87087 January 24, 2002 CLA-2-39:RR:NC:SP:221 H87087 CATEGORY: Classification TARIFF NO.: 3921.90.4090 Ms. Barbara Elliott CJ International, Inc. 519 South Ellwood Avenue Baltimore, MD 21224 RE: The tariff classification of fiberglass reinforced polyester sheet from Spain or Argentina. Dear Ms. Elliott: In your letter dated January 8, 2002, on behalf of Great Lakes GRP, Inc., you requested a tariff classification ruling. The product is gel-coated fiberglass reinforced polyester sheet. It will be used as an exterior non-structural cosmetic skin or cover for recreational vehicle sidewalls. A small sample piece was included with your request. You suggest classification in subheading 3921.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-flexible plates, sheets, film, foil and strip, of plastics. Sheets of plastics are considered to be flexible if, in the dimensions as imported, they may be flexed to form an oval shape with the ends touching, and then return to their original shape without evidence of creasing, cracking or distortion. The descriptive literature included with your request shows that the sheets are imported on rolls. This is evidence that, though the small sample submitted with your request is incapable of being flexed, the sheets are flexible in their imported dimensions. The applicable subheading for the gel coated reinforced polyester sheet will be 3921.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics…flexible…other. The rate of duty will be 4.2 percent ad valorem. Articles classifiable under subheading 3921.90.4090, HTS, which are products of Argentina are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP". 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

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