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NY 881232




January 6, 1993

CLA-2-54:S:N:N6:352 881232

CATEGORY: CLASSIFICATION

TARIFF NO.: 5803.90.3000; 6307.90.9986

Mr. John Corso
1630 S.W. 6th Avenue
Boca Raton, Florida 33486

RE: The tariff classification of polypropylene woven fabric produced in Mexico and used for protecting agricultural products.

Dear Mr. Corso:

In your letter dated December 9, 1992 you requested a classification ruling.

Four samples accompanied your request for a ruling. The product identified as "hail net" is a leno woven fabric which has been manufactured using polypropylene monofilament. It is characterized by an open work mesh which is stabilized by the leno weave. You indicate that the fabric will be imported in various widths ranging between 60 and 120 inches. The sample identified as "lath cloth" is a woven fabric composed of 100% polypropylene. It is composed in part of polypropylene monofilament and in part of polypropylene strip. The fabric is characterized by a series of stripes formed by the interlacing of the strip in the warp direction with monofilament in the filling. The stripes are separated by 1 centimeter open areas where there are no warp yarns with the boundaries of the stripes stabilized by leno weave. This fabric will be manufactured in various widths ranging between 60 and 120 inches. You indicate that this product will be used to shade crops such as tobacco and ginseng from the sun.

The other two products that you intend to import are finished products which are considered to be "made up" articles as defined in Note 7 to Section XI of the Harmonized Tariff Schedules of the United States (HTS). The first, labeled as "for protection against cold" is composed of sheets of plain woven polypropylene strip which measures 2 millimeters in width. The edges of the woven fabric sheets have been finished by attaching a border of woven polypropylene strip. Brass grommets have been inserted at the edges of this product to facilitate its attachment to a frame which will be erected around the crop to be protected. The final item, identified as a product for "use over and around sensitive crops as a wind break and for sun protection", is composed of sheets of plain woven polypropylene monofilaments and strips to which a woven border made from polypropylene strip has been attached. The strips that form the body of this product measure approximately 1 centimeter in width while the monofilaments measure approximately 0.33 millimeters in diameter. Inserted in the border are a series of bass grommets which will facilitate the attachment of this product to a framing system. When attached to the frame this product will function to protect crops from sun and wind.
The applicable subheading for the two leno woven fabrics, identified as "hail net" and "lath cloth", will be 5803.90.3000, HTS, which provides for Gauze, other than narrow fabrics of heading 5806, of other textile materials, of man made fibers. The duty rate will be 17 percent ad valorem.

The applicable subheading for the two "made up" articles, designated as products for "protection against cold" and for "use over and around sensitive crops as a wind break and for sun protection", will be 6307.90.9986, HTS, which provides for other made up articles,including dress patterns, other, other, other, other. The duty rate will be 7 percent ad valorem.

The two leno woven fabrics, identified as "hail net" and "lath cloth", fall within textile category designation 220. Based upon international textile trade agreements, products of Mexico are subject to both visa requirements and quota restraints.

The two "made up" articles, designated as products for "protection against cold" and for "use over and around sensitive crops as a wind break and for sun protection", are not subject to visa requirements or quota restraints at this time.

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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