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NY 874802


June 8, 1992

CLA-2-60:S:N:N3H:351 874802

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0080; 3923.21.0090

Mr. T.A. Schofield
A.N. Deringer, Inc.
310 North Street
Windsor Locks, CT 06096

RE: The tariff classification of knitted fabric stretch material and extruded plastic bags from Great Britain and Italy, respectively.

Dear Mr. Schofield:

In your letter dated May 21, 1992, on behalf of Freshtech Packaging Inc., you requested a tariff classification ruling.

You have submitted two samples as follows: a polyethylene "netting" from Great Britain and a plastic bag from Italy. The first sample, the "netting", is not knotted netting but a loose stretch material of open-work warp (raschel) knit construction. It is the type of stretch material used for wrapping pallets. It is a textile fabric that has unstable triangular-shaped meshes made from extruded polyethylene strips measuring between 1 and 2 millimeters in width. The fabric measures approximately 14 inches in width, and we assume that it will be imported in the piece on rolls. The second sample, the plastic bag, is composed of extruded plastic mesh. We assume that the plastic material is a polyethylene. The top portion of the bag is made of extruded plastic sheet and has two holes for the convenience of conveyance. The extruded mesh openings measure 1/8 inch square, and the bag measures approximately 11 3/8 by 20 inches. The bag is the type used to package fresh food.

The applicable subheading for the knitted stretch material will be 6002.43.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other fabrics, warp knit ..., of man-made fibers, other, other. The rate of duty will be 14 percent ad valorem.

The extruded plastic bag will be classifiable under the provision for articles of conveyance or packing of goods, of plastics, sacks and bags (including cones), of polymers of ethylene, other, other, in subheading 3923.21.0090, HTS. The rate of duty will be 3 percent ad valorem.

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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