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NY 892973





December 13, 1993

CLA-2-60:S:N:N6:351 892973

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0010; 6002.43.0080

Ms. Virginia Coquia
E.C. Ferrer Customs Broker
4301 Atlantic Avenue, Unit 8
Long Beach, CA 90807

RE: The tariff classification of polyethylene warp knit fabrics used as poultry nets, from Korea.

Dear Ms. Coquia:

In your letter dated December 1, 1993, on behalf of your client Plan A, you requested a classification ruling.

You have submitted four sample swatches of 100% polyethylene knitted fabrics identified as Poultry Net Fence #100, #200, #300 and #400. In your letter, you state that the material will be used for pens, fences and control nets designed for gamebird breeders. The four fabrics, all of warp knit construction with stable meshes, are not considered to be net. Item #100 is not considered to be an open-work fabric, as less than one-tenth of the surface area of this material consists of very small, regularly spaced gaps in the knitted monofilaments and brown strips. The strips measure approximately one millimeter in width. Item #200 is entirely knitted of orange strips similar to those in #100, but this fabric is considered to be open-work. Item #200 has irregularly spaced gaps in the knitting, the largest being rectangular open spaces measuring approximately 3/6 inch by 1/2 inch. Item #300 is made entirely of black polyethylene textile monofilaments similar to those in item #100. Item #300 is open-work; it has triangular-shaped open spaces measuring approximately 1/16 inch. The fourth sample, #400, has narrow raschel knit cords measuring about 1/16 inch in diameter that form large open spaces measuring about 1 1/8 inch square. The four types of knitted material will be imported in 150 foot long rolls in widths ranging between 44 and 92 inches.

The applicable subheading for item #100 "poultry net" 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 duty rate will be 14 percent ad valorem.

Item #200, #300 and #400 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.

Item #100 falls within textile category designation 222, and items #200, #300 and #400 fall within category 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
New York Seaport

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