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HQ 083117


March 16, 1990

CLA-2 CO:R:C:G 083117 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0090, 3923.29.0000

Mr. Lee Smolen
Vice President
W.G. Carroll & Co., Inc.
One Clay Place
P.O. Box 20729
Atlanta, Georgia 30320

RE: Pallet Netting, Flower Sleeve

Dear Mr. Smolen:

This ruling is in response to your letter of November 16, 1988, requesting the classification of pallet netting and a flower sleeve under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The pallet netting is a loose knitted polyethylene stretch material used for wrapping around agricultural produce shipments. The material is of a warp knit construction which does not have stable open meshes. M & A Karatzis A.G. produces this merchandise under the tradename "Hellasnet" and will export it in rolls marked "Made in Greece".

The flower sleeve is a cone-shaped polypropylene sleeve which is approximately 18 inches long, with openings on each end. The importer states that the merchandise will be shipped in boxes of 1000 or 2000 units in each box. The boxes will be marked "Made in Holland".

ISSUE:

1) Is pallet netting classifiable under heading 6002, HTSUSA?

2) Is a flower sleeve classifiable under heading 3923, HTSUSA?

LAW & ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.

Subheading 6002.43 provides for warp knit fabrics (including those made on galloon knitting machines) of man-made fibers. In Fairchild's Dictionary of Textiles, at 632 (1959), warp knit is defined as "a type of knitting in which the yarns generally run lengthwise;...silk, nylon, acetate, rayon, polyester and other man-made fibers of continuous filament form are used..." Since the sample at issue is a loose warp knit made of polyethylene fibers, it is classified under this heading.

Subheading 3923.29 provides for sacks and bags (including cones) for the conveyance or packing of goods, of other plastics. Since the sample at issue is a cone-shaped polypropylene container designed to carry flowers, it is classified under this heading.

The HQ ruling 731088, dated June 3, 1988, regarding marking requirements for polypropylene mesh bags imported from China, specifically addresses the ultimate purchaser issue under 19 U.S.C. 1304. However, in your letter, you ask whether that ruling would apply to bags whose source is Argentina, which is a country of origin, not a marking issue. Therefore, in order to issue you a binding ruling under Section 12.130, Customs Regulations (19 CFR 12.130), we require that you provide us with information as to the manufacturing process of bags imported from Argentina. List all relevant facts, including the source of the mesh material, where the material is cut and sewn, and where the bag is assembled and packaged into the finished product.

HOLDING:

The pallet netting is classified under subheading 6002.43.0090, HTSUSA, which provides for other knitted or crocheted fabrics: other fabrics, warp knit (including those made on galloon knitting machines): of man-made fibers, other, textile category 222, and dutiable at the rate of 14 percent ad valorem.

The flower sleeve is classified under subheading 3923.29.0000, HTSUSA, which provides for articles for the conveyance or packing of goods, of plastics; stoppers, lids, caps and other closures, of plastics: sacks and bags (including cones): of other plastics, dutiable at the rate of 3 percent ad valorem. This merchandise is currently not subject to quota, visa, or export license requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to inmportation to determine the current status of any import restraints and requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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