CLA-2-95:RR:NC:2:224 K84917

Ms. Anne Marie Fisher
Redden Marine Supply Inc
1411 Roeder Avenue
Bellingham, WA 98225-2916

RE: The tariff classification of netting samples from Italy

Dear Ms. Fisher:

In your letter dated March 25, 2004, you requested a tariff classification ruling.

You are requesting the classification on fabric that will be imported in bales and also on pre-cut fabric that will be used in two different ways: as an enclosure for a batting cage, and as panels for a jumper unit or fairground amusement. The fabrics that will be imported in bales are identified as Sample # 1 and sample # 2 and are available in three widths: 44 inches in square mesh, 136 inches in square mesh, and +/- 546 inches in diamond configuration. The pre-cut, finished panels are identified as Sample A and Sample B. Sample A has a rope border and Sample B has a webbing border with grommets. The letter indicates that both may be used for the netting in a batting cage enclosure. A sample of the cut panels for the inflatable jumper unit was not submitted, however a colored illustration was submitted of the panels already installed in the jumper unit. You have not requested the return of your samples.

The applicable subheading for the finished panels for the inflatable jumper unit (fairground amusement) will be 9508.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for merry-go-rounds, boat-swings, shooting galleries and other fairground amusements...parts and accessories thereof: other. The rate of duty will be free. The applicable subheading for the pre-cut, finished panels for the batting cage enclosure (Samples A and B) will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns: other: other...other. The rate of duty will be 7 % ad valorem.

The applicable subheading for the multi-color warp knit fabric in bales (Sample # 1) will be 6005.33.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics...other than those of headings 6001 to 6004; of synthetic fibers: of yarns of different colors...open-work fabrics. The rate of duty will be 10 % ad valorem.

The applicable subheading for the black warp knit fabric in bales (Sample # 2) will be 6005.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics...other than those of headings 6001 to 6004; of synthetic fibers: dyed...open-work fabrics. The rate of duty will be 10 % ad valorem. 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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division