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NY 854575




CLA-2-73:S:N:N1:118 854575

CATEGORY: CLASSIFICATION

TARIFF NO.: 7314.20.0000; 7314.49.3000

Mr. Jeffrey W. Carr
International Advisory Services Group Ltd. 1400 L Street N.W. Suite 600
Washington, DC 20005

RE: The tariff classification of wire mesh fabric from Mexico.

Dear Mr. Carr:

In your letter dated July 10, 1990, you requested a tariff classification ruling on behalf of Oklahoma Steel & Wire Co.

You describe one item as welded fence panels. These are mesh fabric panels made of 1/4 inch (6.4 mm) or 4 guage (5.72 mm) galvanized round wire in five styles. The length of the panels is 16 feet, with widths of either 52 or 34 inches. The vertical wires in each panel are 8 inches (20.32 cm) apart, and the horizontal separation varies from 2 to 6 inches (5.08 cm to 15.24 cm), i.e. in all styles the mesh size is 100 cm2 or more. In all styles the wires are welded at the intersection, but they are not woven. None of the panels have frames.

You described another item as welded utility fabric. These are carbon steel welded galvanized mesh fabric in either panel or roll form. Utility panels are 20 feet long with width of 4,5, and 6 feet. Panels have square mesh space of 4 inches (10.16 cm) and 6 inches (15.24 cm) and are made of 4 gauge (5.72 mm) wire. The mesh size is 100 cm2 or more. The 4 inch square space utility panels are also available in 6 gauge (4.88 mm) wire. The panels do not have frames. The wires are welded at the intersection but they are not woven.

Another item is described as welded wire fabric for concrete reinforcement. It is carbon steel mesh fabric used for concrete reinforcement. The product is available in both black (uncoated) and galvanized finishes, and is imported in coils with a width of 5 feet and length of 150 feet. The mesh size is 6 inches by 6 inches (15.25 cm by 15.25 cm), i.e., 100 cm2 or more. The mesh is made from either 6, 8, or 10 gauge wire (4.88 mm, 4.11 mm, or 3.43 mm) respectively. The wires are welded at the intersection but they are not woven. The fabric is not framed. We examined samples of mesh fabric labelled "field fencing." In your description you refer to the field fencing as "woven fencing," but this fabric is not woven within the meaning of the Harmonized Tariff Schedules (HTS).

The Explanatory Notes to the HTSUSA constitute the official interpretation of the tariff at the international level, and provide guidance in making classification determinations. The Subheading Explanatory Note to subheadings 7314.11 and 7314.19 states:

The term `woven products (cloth)' applies only to wire products manufactured in the same manner as textile woven fabrics, with two thread systems crossing at right angles.

Cloth is generally plain weave, although it may also be twill or other weave. The weft is continuous strand which runs back and forth across the warp...

Your field fencing is not made this way, so it is not "woven" for tariff purposes.

Your field fencing is a mesh fabric of galvanized 12.5 gauge (2.51 mm) or 11 gauge (3.06 mm) round wire. The vertical separation is 6 or 12 inches with horizontal separation of 2 to 10 inches. The fabric is constructed of a series of continuous vertical wires, which extend the height of the fence (up to 47 inches), tied together with a succession of short wires which are only the length of the horizontal separation (as little as 2 inches). The short wires are fairly rigid and they hold the vertical wires apart to form an open mesh fabric. Each end of the short wire of one mesh is twisted around a long wire at the point where the short wire of the next mesh is wrapped. That is, the ends of the short wires are intertwisted to form a continuous articulated fabric.

This fabric whether in individual rectangular panels, or in rolls, is not within the meaning of the term "cut to shape", because it has not been cut both longitudinally and latitudinally to meet the specification of the customer who will use it.

The applicable subheading for the welded wire fabric for concrete reinforcement, and the welded utility fabric, and the welded fence panels will be 7314.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for grill, netting and fencing, welded at the intersection, of wire with a maximum cross sectional dimension of 3 mm or more and having a mesh size of 100 cm2 or more. The duty rate will be 5.7 percent ad valorem.

The applicable subheading for the field fencing will be 7314.49.3000, HTS, which provides for other grill netting and fencing: other: not cut to shape. The rate of duty will be 5.7 percent ad valorem. In your inquiry you included a copy of Customs ruling #829317 dated June 9, 1988, and you say that some of your products may be similar to the poultry netting in that ruling. That ruling would not affect the classification of the goods about which you are inquiring, but we note for your information that ruling #829317 was revoked in Customs ruling # 084722 dated August 25, 1989. A copy is enclosed for your convenience.

Articles classifiable under subheading 7314.20.0000, HTS, or 7314.49.3000, HTS, which are products of Mexico, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Your inquiry does not provide enough information for us to give a classification ruling on horse panels. Your request for a classifica-tion ruling should include a sample. None of the samples you submit- ted was marked "horse panel" and in your description, you did not indicate how these are constructed. Also, in your description, the dimensions for horizontal separation are not clear.

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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