CLA-2-54:R:N3:352 815430
7318.14.1000; 7318.14.5000; 7318.22.0000 7318.16.0080
Mr. Minkang Zhu
M & J Trading Co.
5510 Green Meadow Road
Roanoke, VA 24018
RE: The tariff classification of various components for the manufacture of agricultural curtains for livestock shelters including cable, fasteners and olefin woven fabric from China.
Dear Mr. Zhu:
In your letter dated September 29, 1995 you requested a classification ruling.
Included with your request for a ruling were two samples of plain woven fabric as well as several catalogue pages describing various metal cables and fasteners. The fabrics will be used in conjunction with the metal cables to construct agricultural curtains for livestock shelters. The metal fasteners will be used as part of a watering system in poultry houses.
In a telephone conversation with this office, you indicate that the two woven fabrics will be imported without hems or fittings and in material lengths. Both samples may be made of either 100% polyethylene or 100% polypropylene. The black sample is a plain woven fabric manufactured from flat strips measuring approximately one millimeter in width. It contains 22 strips per inch in the warp and 13 strips per inch in the filling. The second sample is a plain woven fabric constructed with transparent flat strips approximately 2.5 millimeters in width. It contains 10 strips per inch in the warp and 10 strips per inch in the filling. This product has been coated on both sides with a transparent coating of plastic which is not visible to the naked eye.
Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States,(HTS),defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. Note 2 states in part that heading 5903, HTS, applies to:
(A) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastics material (compact or cellular), other than:
(1) Fabrics in which the impregnation coating or covering cannot be seen with the naked eye (usually chapter 50 to 55, 58 or 60); for the purpose of this provision, no account should be taken of any resulting change in color;
Since the clear coating on the transparent woven polyethylene fabric is not visible to the naked eye, the fabric is not considered a coated fabric within the scope of heading 5903, Harmonized Tariff Schedules of the United States (HTS).
The applicable subheading for both the plain woven polyethylene or polypropylene fabrics will be 5407.20.0000, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, woven fabrics obtained from strip or the like. The duty rate will be 15.3 percent ad valorem.
The metal cable, designated in the submitted literature as ss 7x19 and ss 7x7, are stainless steel cables which will be used in the manufacture of agricultural curtains. These cables are not made up into articles and are not fitted with fittings.
The applicable subheading for the cables designated as ss 7x19 and ss 7x7 will be 7312.10.6000, HTS, which provides for ropes, cables and cordage other than stranded wire, of stainless steel, other. The duty rate will be 4 percent ad valorem.
The metal product, designated in the literature as Galv 1x7, is a carbon steel strand. It will be used to construct an agricultural curtain.
The applicable subheading for the product designated as Galv 1x7 will be 7312.10.3074, HTS, which provides for stranded wire, other, other, other , other, galvanized. The duty rate will be 4.4 percent ad valorem.
The applicable subheading for the stainless steel screws designated in the catalogue as "tapping screws" and "self drilling screws" with diameters of less than 6 millimeters will be 7318.14.1000, HTS, which provides for screws, bolts, nuts...of iron or steel, threaded articles, self tapping screws, having shanks or threads with a diameter of less than 6 millimeters. The duty rate will be 6.2 percent ad valorem.
The applicable subheading for the stainless steel screws designated in the catalogue as "tapping screws" and "self drilling screws" with diameters of 6 millimeters or more will be 7318.14.5000, HTS, which provides for screws, bolts, nuts...of iron or steel, threaded articles, self tapping screws, having shanks or threads with a diameter of 6 millimeters or more. The duty rate will be 9.3 percent ad valorem.
The applicable subheading for the product designated in the catalogue as 304 ss flat washers will be 7318.22.0000, HTS, which provides for screw, bolts, nuts... washers...of iron or steel, non-threaded articles, other washers. The duty rate will be free.
The applicable subheading for the product designated in the catalogue as 304 ss standard nuts will be 7318.16.0080, HTS, which provides for screw, bolts, nuts... of iron or steel, threaded articles, nuts,other. The duty rate will be 0.2 percent ad valorem.
Both woven fabrics fall within textile category designation 620. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
This ruling is being issued under the provisions of Section 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 Alan Tytelman at 212-466-5896.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division