CLA-2-60:OT:RR:NC:TA:352
Mr. Ivan Lavrikov
DB Schenker
6555 Northwest Drive
Mississauga, ON L4V-1K2
Canada
RE: The tariff classification of polyethylene warp knit fabric baling wrap from Spain or Germany
Dear Mr. Lavrikov:
In your letter dated March 30, 2010, on behalf of Canadian Hay and Silage Ltd., of Bowden, Alberta, you requested a tariff classification ruling.
The submitted sample is identified as “Balenet,” from Spain or Germany. Although your request describes this fabric as woven polyethylene, the sample received is an open-work warp knit fabric, with unfinished edges. The fabric is knit from strip of approximately 1 millimeter in width. This strip meets the dimensional requirements of textile strip contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS). Pursuant to Note 1 of Chapter 54, strip and the like of heading 5404 or 5405 are not considered to be man-made fibers. According to the literature provided, this netwrap will be imported in rolls 1230mm in width, and is designed to be used for wrapping round bales of silage, hay and straw.
You suggest that the “Balenet” would be classified as machinery, equipment and implements to be used for agricultural or horticultural purposes in 9817.005000 HTSUS. This is not correct as U.S. Note 2 (e) of Subchapter XVII excludes articles of textile material.
The applicable subheading for this warp knit product designated as “Balenet” 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%.
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 Maribeth Dunajski at (646) 733-3045.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division