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NY 897016




April 20, 1994

CLA-2-60:S:N:N6:351 897016

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0010

Mr. Daniel Jordan
Daewoo International (America) Corp.
Plaza Center, Suite 1105
10900 N.E. 8th Street
Bellevue, WA 98004

RE: The tariff classification of open-work warp knit fabric (fence netting) and PVC laminated fabric (spaliner) from Korea.

Dear Mr. Jordan:

In your letter dated April 14, 1994, you requested a classification ruling.

You have submitted two sample swatches of man-made fiber fabrics as follows: item #1 - fence netting, and item #2 - spaliner. Item #1 is made of 100% high density polyethylene textile monofilaments that have been knitted into an open-work fabric of warp knit construction. The open-work fabric has stable open meshes, but it is not considered to be of net construction. In your letter, you state that this black colored fabric is UV stabilized, weighs 240 grams per square meter and will normally be imported in sheets measuring 12 feet by 200 feet. We assume that the imported fence netting will be in continuous lengths without hems or fittings. Please note that a change in the material's monofilament size or weave density may affect the classification of this item. Item #2, the spaliner, is a 100% polyester weft- inserted fabric with PVC lamination on both sides.

The applicable subheading for the fence netting 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 duty rate will be 14 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on item #2, spaliner fabric. Your request for a ruling should include, in grams per square meter: the weight of the fabric before coating, the weight of the PVC and the total weight of the fabric. We will retain the sample. The knitted fabric falls within textile category designation 229. Based upon international textile trade agreements, products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories 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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