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NY 895690





March 28, 1994

CLA-2-87:S:N:N1:101 895690

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.29.5060

Mr. Steven S. Weiser
Ms. Amy J. Johannesen
Siegel, Mandell & Davidson, P.C.
One Astor Place
1515 Broadway, 43rd Floor
New York, NY 10036-8901

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of automotive "netting" from Mexico

Dear Mr. Weiser:

In your letter dated March 15, 1994, on behalf of your client, Polytech Netting Industries, L.Pl, Scottsboro, Alabama, you requested a ruling on the status of automotive "netting" from Mexico under the NAFTA.

The subject merchandise is automotive convenience "netting", for use in the trunk of a specific model of American manufactured automobiles, as follows:

Style no. 8AG861550 is made for an "H-body" automobile Style no. 8AG861560 is made for an Oldsmobile-98 automobile Style no. 8AG884340 is made for an "L-sedan" automobile Style no. 8AG884350 is made for an "L-coupe" automobile

Each of these "nets" features a rectangular piece of raschel knit net-type fabric. A bungee cord is threaded around the edges of the fabric through the holes of the "net", and the two ends of the bungee cord are sewn together so that the bungee from a continuous band around the perimeter of the fabric. The bungee is sewn to itself to form loops at each of the four corners of the "net" fabric. Finally, a narrow piece of woven webbing is folded in half (width-wise) over each of the two shorter cut sides of the "netting" fabric and attached thereto by sewing.

The approximate dimensions of style no. 8AG861550 are as follows: the raschel knit "net" fabric is 49.5 inches in length and 17.5 inches in width (when slack), the webbing is 16.75 inches in length and 2.25 inches in width, and the bungee is 133 inches in length. The approximate dimensions of style no. 8AG861560 are as follows: the raschel knit "net" fabric is 56.5 inches in length and 23 inches in width (when slack), the webbing is 23 inches in length and 2.25 inches in width, and the bungee is 146 inches in length.

The approximate dimensions of style no. 8AG884340 are as follows: the raschel knit "net" fabric is 50 inches in length and 10 inches in width (when slack), the webbing is 10 inches in length and 2.25 inches in width, and the bungee is 108.5 inches in length.

The approximate dimensions of style no. 8AG884350 are as follows: the raschel knit "net" fabric is 47 inches in length and 10.5 inches in width (when slack), the webbing is 10.5 inches in length and 2.25 inches in width, and the bungee is 124 inches in length.

The products are manufactured in the following manner: non-originating country multifilament polypropylene yarn measuring between 93 decitex (colored yarn, other than black yarn) and 111 decitex (black yarn), and having 40 turns per meter, is imported into Canada by your client. In the alternative, Canadian origin multifilament nylon yarn measuring between 1800 and 1870 decitex and having 14 turns per meter is purchased in Canada by your client. This yarn is then knit in Canada by Polytech Netting Industries, L.P. (Polytech) into "netting" type fabric on a raschel knitting machine. The knitting transforms the strands into a .125 inch thick "cord" of approximately three intertwined .0625 inch thick strands of multifilament yarn, and also transforms the cord in "netting" type raschel fabric.

A portion of the non-originating country polypropylene yard imported by Polytech is sold to independent manufacturers in the United States and Canada who use it to produce narrow woven "webbing" fabric and also combine it with latex to produce bungee cord. Polytech then purchases the finished bungee cord and webbing from these manufacturers for use in its production of both the nylon fabric and the polypropylene fabric convenience "nets".

The netting fabric is transported in bond from Canada to an independent factory in Mexico where it, together with the bungee cord and webbing, is cut to length and sewn with thread (of United States or Canadian origin) to form the convenience "nets". The product will then be imported directly into the United States from Mexico by Polytech for sale to an original equipment manufacturer for incorporation into automobiles in the United States.

The article at issue cannot be considered to be a net under the Harmonized Tariff Schedule of the United States (HTS). The article is a knit fabric that is constructed on a raschel knit machine. This raschel knit fabric does not fit the definition of a net fabric provided in the Explanatory Notes (EN) to heading 5804, HTS. The ENs constitute the official interpretation of the tariff at the international level. Therefore, the merchandise cannot be classified as netting. The EN to heading 8708, HTS, states this heading covers parts and accessories of the motor vehicles of headings 8701 to 8705, provided the parts and accessories fulfil the following conditions:

(a) They must be identifiable as being suitable for use solely or principally with the above mentioned vehicles;

(b) They must not be excluded by the provisions of the Notes to Section XVII; and

(c) They must not be more specifically included elsewhere in the Nomenclature.

The subject automotive "netting" meets these three criteria. They are specifically designed for use solely or principally with automobiles, they are not excluded by the provisions of the Notes to Section XVII, and they are not more specifically included elsewhere in the Nomenclature.

The applicable tariff provision for the automotive "netting" (styles 8AG861550, 8AG861560, 8AG884340 and 8AG884350) will be 8708.29.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for parts and accessories of the motor vehicle of headings 8701 to 8705: other parts and accessories of bodies. The general rate of duty will be 3.1 percent ad valorem.

Each of the non-origination materials used to make the subject automotive "netting" has satisfied the changes in tariff classification required under HTSUSA General Note 12 (t)/87. This product will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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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