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NY 858229


November 30, 1990

CLA-2-60:S:N:N3H:351 858229

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0010

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of open-work warp knit fabric from Canada.

Dear Mr. LeClair:

In your letter dated November 20, 1990, on behalf of Tek- Knit Industries, you requested a tariff classification ruling.

You have submitted three samples of warp knit fabrics or "netting" which are intended to be used for agricultural functions such as protecting plants from birds, wind, rain or sunlight. The three materials are made of polypropylene monofilaments which are knitted into open-work fabrics with staple meshes. These open-work fabrics are not considered to be of net construction. The item identified as #4998 provides a 70% shade screening factor, and item #4999 provides a 30% factor. The third item, #5000, has open meshes measuring approximately 2 1/2 by 3 inches, and it resembles chicken wire fencing in design. We assume that the three products being imported into the United States will be in the piece on rolls and measure over 30 centimeters in width.

The applicable subheading for the knitted agricultural fabrics will be 6002.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other fabrics, warp knit..., of man-made fibers, open-work fabrics. The rate of duty will be 14 percent ad valorem.

Goods classifiable under subheading 6002.43.0010, HTS, which have originated in the territory of Canada, will be entitled to a 11.2 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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