CLA-2-60:OT:RR:NC:TA:352
Ms. Susan Lundy
Cordex North America, Inc.
501 Cambria Avenue, Suite 145
Bensalem, PA 19020
RE: The tariff classification of 100% polyethylene warp knit open work fabric designated as “net wrap” for baling hay from Portugal.
Dear Ms. Lundy:
In your letter dated September 17, 2008 you requested a tariff classification ruling.
The submitted sample, designated as “net wrap”, is an open work warp knit fabric composed of 100% polyethylene. This product is constructed from polyethylene strip that measures approximately 1 millimeter in width. These strips meet the dimensional requirements to be considered synthetic textile strips. Manufactured from strips of different colors, this fabric will be imported in 122, 129.5,162.5 or 170 centimeter widths. Your correspondence indicates that this item will be used to wrap bales of hay.
Your letter indicates that you believe that this product should be classified as parts of certain agricultural harvesting machinery in subheading 8433.90.5020, HTS. This issue has recently been addressed by our Headquarters office in a response to a request for Internal Advice (IA07/018) in ruling HQ H017185 dated April 17, 2008. The ruling concludes that the warp knit baling wrap is properly classifiable in subheading 6005.90.9000, HTS and not under the provision for parts of baling machinery in heading 8433 based on the relative specificity of the competing provisions.
The applicable subheading for the warp knit fabric designated as “net wrap” will be 6005.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, other, other. The rate of duty will be 10 percent ad valorem.
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 Alan Tytelman at (646) 733-3045.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division