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NY 858991


January 3, 1991

CLA-2-60:S:N:N3H:351 858991

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6002.20.1000; 6002.43.0010

Ms. Susan C. Boot
NNZ Industrial Packaging USA, Inc.
1175 Northmeadow Parkway, Suite 104
Roswell, GA 30076

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

Dear Ms. Boot:

In your letter dated December 13, 1990, you requested a tariff classification ruling.

You have submitted a sample of a tubular warp knit "netting" which is intended to be used for the packaging of fresh agricultural products. The fabric is made of 100% polyethylene strip, measuring approximately 2 millimeters in width, which has been knitted into an open-work, warp knit fabric with stable open meshes. This open-work fabric is not considered to be of net construction. The sample has a flattened width of 7 1/2 inches, but the imported flattened tubular fabrics' widths will vary from 8 to 14 inches. For classification purposes, the fabrics with a width not exceeding 30 centimeters (cm), or 11.811 inches, will be considered narrow fabrics. The material will be imported in rolls of approximately 500 feet in length.

The applicable subheading for the sample and the same fabric in flattened widths not exceeding 30 cm will be 6002.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other, of a width not exceeding 30 cm, open-work fabrics, warp knit. The rate of duty will be 16 percent ad valorem.

The knitted fabric exceeding 30 cm in width will be classifiable under the provision for other knitted or crocheted fabrics, other fabrics, warp knit..., of man-made fibers, open- work fabrics, in subheading 6002.43.0010, HTS. The rate of duty will be 14 percent ad valorem.

The fabrics fall within textile category designation 229. Based upon international textile trade agreements, products of Taiwan are subject to the requirements of a visa and quota restraints.
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 internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs Office.

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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