CLA-2-60:OT:RR:NC:TA:352
Mr. Jack H. Daniel, Jr.
IFI International Forwarders
1350 Ashley River Road
Charleston, SC 29407-5347
RE: The tariff classification of three styles of polyethylene warp knit fabric from India
Dear Mr. Daniel:
In your letter dated June 29, 2010, on behalf of Garware-Wall Ropes Limited, you requested a tariff classification ruling. Additional information was provided to this office on July 14, 2010.
Three samples described as “knotless polyethylene netting” accompanied your request for a ruling. All three styles are warp knit fabric constructed from monofilament yarns which meet the dimensional requirements to be considered synthetic textile fiber for tariff purposes. You state that the fabrics are designed for a variety of agricultural purposes, including shade netting and crop protection, as well as for potential use covering booms used to clean up oil spills. Your correspondence indicates that the fabrics are composed of polyethylene, and will be imported in rolls or bales as per customer requirements, depending on the application. The rolls will be approximately 10 feet, 16 feet, or 20 feet in width. The bales will measure approximately 12.5 feet by 100 feet, 25 feet by 100 feet or 50 feet by 200 feet.
The sample identified as “Anti-Hail Net” is a white fabric characterized by stable open meshes that are triangular in shape. According to Subheading Note 1 (e) to Section XI of the Harmonized Tariff Schedule of the United States (HTSUS), and unless the context otherwise requires, white fabric is considered bleached, for tariff purposes.
The applicable subheading for fabric style “Anti-Hail Net” will be 6005.31.0010, HTSUS, which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: of synthetic fibers: unbleached or bleached, open-work fabrics. The rate of duty will be 10%.
The sample identified as “Bird Net” is a black fabric characterized by stable open meshes that are rectangular in shape. This fabric is considered dyed, for tariff purposes.
The applicable subheading for fabric style “Bird Net” will be 6005.32.0010, HTSUS, which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: of synthetic fibers: dyed, open-work fabrics. The rate of duty will be 10%.
The sample identified as “Shade Net/Agri-Net” is knitted of green and of black monofilament yarns. This fabric is considered to be of yarns of different colors, for tariff purposes.
The applicable subheading for fabric style “Shade Net/Agri-Net” will be 6005.33.0080, HTSUS, which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: of synthetic fibers: of yarns of different colors, 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/.
The classifications above apply only to such fabric imported in the piece and over 30 centimeters in width. In subsequent correspondence you stated that in some cases you may cut the fabric to size, attaching vinyl or rope borders for specific end uses. If you wish a ruling on the fabric so modified, please submit a sample, no more than one square foot, cut from a corner of a roll so that we may examine both an end and an edge.
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