CLA-2-73:OT:RR:NC:N1:117

Ms. Rachel Wang
Fritz Marketing Inc.
1541 Hurontario Street
Mississauga, Ontario L5G 3H7, Canada

RE: The tariff classification of welded electro galvanized steel wire mesh attached to woven Silt fence fabric

Dear Ms. Wang:

In your letter dated August 13, 2018, you requested a tariff classification ruling. A representative sample was submitted with your request and will be retained by this office.

The product to be imported is described by you to be welded electro galvanized steel wire mesh together attached to woven Silt fence fabric made by polypropylene. You state the steel wire mesh will act as a supporting agent for installation. You also state the size of the rolls will be either 24” wide X 100’, 36” wide X 100’, or 48” wide X 100’ per roll. You give the fabric options as woven fabric made from polypropylene, varying in weight from 46GSM to 90GSM in either black or orange.

The silt fencing is considered a composite good, made of metal and textile fabric.  In accordance with General Rule of Interpretation (GRI) 3(c), Harmonized Tariff Schedule of the United States (HTSUS), when the essential character of a composite good cannot be determined, classification is based on the heading that occurs last in numerical order among those which equally merit consideration.  In this case, the product may be classified in Chapter 73 (metal) or in Chapter 63 (other articles of textile fabric).  Since the metal provision appears last in the tariff, the entire item will be classified in Chapter 73. The applicable subheading will be 7314.31.

From the information submitted, and as provided in ruling N065735, dated July 2, 2009, the classification for the steel wire fence attached to woven Silt fence fabric made from polypropylene will be 7314.31.1000, HTSUS, which provides for cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: other grill, netting and fencing, welded at the intersection: plated or coated with zinc: wire fencing plated or coated zinc, whether or not covered with plastic material. The rate of duty will be free.

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 Angelia Amerson at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division