CLA-2-56:OT:RR:NC:N3:351
Mr. Brad Williams
World Cup Supply
226 Industrial Drive
Bradford, VT 05033
RE: The tariff classification of a knotted polyethylene netting and polycarbonate
plastic fence poles from Italy
Dear Mr. Williams:
In your letter dated June 15, 2020, you requested a tariff classification ruling. Samples of both products, not to scale, were provided to this office and will be returned to you as requested.
The first item under consideration is described as “SPM 5cm B-Net Safety Fencing,” part number NE 185S. The “SPM 5cm B-Net Safety Fencing” is composed of a knotted mesh made of 4 millimeter wide polyethylene strip treated with UV inhibitors and measures 2 meters high and 20 meters long. The safety fencing mesh comes in either a 5 or 7 centimeter mesh size. The “SPM 5cm B-Net Safety Fencing” is safety netting specifically engineered for ski racing and will be used to create a protective barrier to keep downhill skiers from striking hazards off trail. When combined with “SPM 5cm B-Net Fence Poles,” this system works to decelerate a fallen athlete.
The second item under consideration is described as the “B-Net Fence Pole,” part number ME 250. It is composed of polycarbonate plastic and is 2.5 meters long with two self-locking adjustable cam lever clips attached to two rounded nub points on either end. The “B-Net Fence Pole” is a specifically engineered pole for the “B-Net” system. When combined with the “B-Net” it creates a system which protects skiers from striking hazards off the trail. The poles are woven through the net and secured by a clip attached to the pole. You state that both items will be imported separately and will be imported into the United States from Italy.
You suggest classification of the “B-Net Safety Fencing” and “B-Net Fence Poles” under 9506.19.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games…Snow-skis and other snow-ski equipment; parts and accessories thereof: Other: Other, Other.” We disagree. CBP has consistently classified courts, fields, and their enclosures, all of which merely demarcate or improve the surface of the playing area without advancing the game or sport played within, outside of heading 9506, HTSUS. Likewise, the subject safety nets, beyond delineating a protective barrier to keep downhill skiers from striking hazards off the trail, do not contribute to the sport of skiing. As they are not used to indicate scoring or establish a required course for alpine ski racing, and skiers need not necessarily make physical contact with the fencing in the course of a race, the subject fencing system would fall outside the of the scope of heading 9506, HTSUS.
The applicable subheading for the “B-Net Safety Fencing,” part number NE 185S, will be 5608.19.2090, HTSUS, which provides for “Knotted netting of twine, cordage, or rope;…other made up nets, of textile materials: Of man-made textile materials: Other: Other: Other.” The rate of duty will be 5 percent ad valorem.
The applicable subheading for the “B-Net Fence Pole,” part number ME 250, would be considered an article of plastic, and as it is not provided for more specifically elsewhere, the applicable subheading will be 3926.90.9990, HTSUS, which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” The rate of duty will be 5.3 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 Kristine Dodge at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division