CLA-2-60:OT:RR:NC:TA:351
Mr. Mike Daly
Livingston International Trade Services
97 Route 2 South
Alburgh, VT 05440
RE: The tariff classification of knit fabric from Portugal
Dear Mr. Daly:
In your letter dated March 24, 2009, you requested a tariff classification ruling on behalf of your client, Amjay Ropes and Twines, Ltd., of Newmarket, Ontario. In a follow-up telephone conversation, you stated that the country of origin of the products is Portugal.
You submitted two cordage samples and a sample described as “Grand Harvest Net Wrap.” The net wrap is an open-work warp knit fabric of man-made strips that measure approximately 1 millimeter in width. The strips meet the dimensional requirements of textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS). You state that the net wrap is marketed to the agricultural industry for use on farms in hay balers to tie and bind bales of hay, straw, and fodder crops.
The applicable subheading for the warp knit fabric designated as net wrap will be 6005.90.9000, 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% 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/.
You also submitted two samples of cordage; one is of sisal and the other is of polypropylene. Both have a “Z” twist. You describe them both as baler twine, to be used in hay balers. You suggest that the sisal cordage is classifiable in subheading 5607.21.0000 and the polypropylene is classifiable in subheading 5607.41.3000; both subheadings provide for binder and baler twine.
Your inquiry does not provide enough information for us to give a classification ruling on the cordage. Your request for a classification ruling should include the answers to the following questions:
What is the minimum twine breaking force of each cord?
What is the average minimum knot breaking force of the polypropylene cordage?
If you need information on how to calculate these factors, please consult the Harmonized System Explanatory Notes for subheadings 5607.21 and 5607.41. Please supply all figures used in your calculations. In addition, has the polypropylene cordage been stabilized against degradation by sunlight, and if so, how?
When this information is available, you may wish to consider resubmission of your request. We are returning the cordage samples. If you decide to resubmit your request, please include all of the material that we have returned to you, including the samples and a copy of this letter.
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 Mitchel Bayer at (646) 733-3102.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division