CLA-2-46:RR:NC:SP:230 G89534
Mr. David Thompson
GHY USA, Inc.
572 South Fifth Street, Suite 2
Pembina, ND 58271
RE: The tariff classification of “erosion control blankets,” made of straw and plastic netting, from Canada.
Dear Mr. Thompson:
In your letter dated April 5, 2001, you requested a tariff classification ruling on behalf of Erosion Control Blanket.com (Winnipeg, MB, Canada).
Small pieces of two kinds of “erosion control blankets” were submitted as samples and are being returned to you as requested. The first version is matting consisting of short pieces of wheat straw randomly placed on a plastic net and loosely tied onto it with biodegradable multifilament thread. The plastic netting is said to be of photodegradable polypropylene. The second version of the product is the essentially the same, except that the straw is held between two plastic nets. Both products are intended to prevent soil erosion. For example, a blanket can be placed over a newly seeded lawn to help avoid wind/rain damage, and the grass can grow up through the straw. You state that the blankets will be shipped to the U.S. in rolls.
The applicable subheading for the wheat-straw “erosion control blankets,” with either single or double plastic netting, will be 4602.10.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of vegetable plaiting materials. The general rate of duty will be 2.3%.
The importation of the merchandise discussed in this ruling may be subject to regulations administered by the U.S. Department of Agriculture (USDA). Inquiries may be directed to that agency at the following location:
USDA
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
Tel. (301) 734-8645 or (301) 734-8896
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.
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 Paul Garretto at 212-637-7009.
Sincerely,
Robert B. Swierupski
Director,
National Commodity Specialist Division