CLA-2-46:OT:RR:NC:1:230
Mr. Troy Clarke
CBT International, Inc.
249 East Ocean Blvd.
Suite 650
Long Beach, CA 90802
RE: The classification of bamboo fence panels
Dear Mr. Clarke:
In your letter, dated May 15, 2017, you requested a binding classification ruling on behalf of your client, Lewis Hyman, Inc. The ruling was requested on bamboo fence panels. Product information and photos were submitted for our review.
The product in question, identified as item number 4477214, is a fence panel constructed of bamboo strips laid parallel and maintained in the form of a sheet by transverse metal wires. The panels are not bound at the edges or worked in any other way. The bamboo strips range in width up to 13mm, and measure between 3mm and 4mm in thickness. The strips are interwoven with a single fine-gauge metal wire at intervals of approximately 6”. The panels measure 6’ high by 6’ wide, and are imported in rolls without hardware included. The fence panels may be attached to fence posts or a chain link fence. Each panel effectively acts as a screen.
The bamboo strips meet the definition of plaiting materials, which is defined in Note 1 to Chapter 46, Harmonized Tariff Schedule of the United States (HTSUS), which states:
…the expression "plaiting materials" means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54.
Additionally, the panels meet the definition of “plaiting materials bound together in parallel strands” as set forth in Note 3 to Chapter 46, HTSUS, which states:
For the purposes of heading 4601, the expression "plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands" means plaiting materials, plaits and similar products of plaiting materials, placed side by side and bound together, in the form of sheets, whether or not the binding materials are of spun textile materials.
The applicable subheading for the bamboo fence panels will be 4601.21.9000, HTSUS, which provides for Plaits and similar products of plaiting materials, whether or not assembled into strips; plaiting materials, plaits and similar products of plaiting materials, bound together in parallel strands or woven, in sheet form, whether or not being finished articles (for example, mats, matting, screens): Mats, matting and screens of vegetable materials: Of bamboo: Other: Other. The rate of duty will be 8 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 the World Wide Web at https://hts.usitc.gov/current.
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 Laurel Duvall at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division