United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0084687 - HQ 0084763 > HQ 0084722

Previous Ruling Next Ruling


HQ 084722


August 25, 1989

CLA-2 CO:R:C:G: 084722 DPS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7314.19.0000, 7314.41.0000

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
19700 Susana Road
Compton, California 90221

RE: Revocation of New York Ruling 829317 classifying steel wire netting from China

Dear Mr. O'Neill:

Upon review by our office of New York Ruling Letter (NYRL) 829317, issued June 9, 1988, we have determined that the subject steel wire netting was improperly classified under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). The HTSUSA, effective January 1, 1989, supersedes the Tariff Schedules of the United States (TSUS). Pursuant to the Customs Regulations, 19 CFR Section 177.9(d), this office hereby revokes New York Ruling 829317, and issues the within ruling, reclassifying the steel wire netting from China under subheading 7314.41.0000, HTSUSA.

FACTS:

The submitted sample of steel wire netting is of the type commonly known as poultry netting. It is produced from steel wire which measures about .037 inch in diameter after being coated with zinc. The wire is twisted and woven into a hexagonally patterned netting. A zinc coating is applied after weaving. The product will be imported in rolls of various lengths and widths.

LAW & ANALYSIS

NYRL 829317, dated June 9, 1988, classified the subject poultry netting under the provision for other steel wire woven products in subheading 7314.19.0000, HTSUSA. Upon review of NYRL 829317, it is apparent that another HTSUSA provision more accurately describes the subject merchandise.

The General Rules for the Interpretation of the Harmonized System (GRI's) govern classification under the Harmonized Tariff Schedule. According to GRI 1, the primary consideration in determining whether merchandise should be classified in a heading should be given to the language of the heading and any relevant chapter or section notes. The subheadings at issue in this case are:

(a) 7314.19.0000, Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Woven products: Other; and

(b) 7314.41.0000, Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel: Other grill, netting and fencing: Plated or coated with zinc.

The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level, and provide further guidance in making classification determinations. The Subheading Explanatory Note to subheadings 7314.11 and 7314.19 states:

The term 'woven products (cloth)' applies only to wire products manufactured in the same manner as textile woven fabrics, with two thread systems crossing at right angles.

The wire netting at issue does not meet the above requirement. Accordingly, because the Subheading Explanatory Note excludes the subject merchandise from item 7314.19.0000, HTSUSA, and 7314.41.0000, HTSUSA, more accurately describes the subject netting, classification is proper under that provision for other grill, netting and fencing, coated with zinc.

HOLDING:

Pursuant to Section 177.9(d) of the Customs Regulations (19 CFR 177.9(d)), NYRL 829317 is hereby revoked. For the reasons set forth above, the subject wire netting, imported from China, is properly classifiable under subheading 7314.41.0000, HTSUSA.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: