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NY A87786




October 17, 1996

CLA-2-63:RR:NC:TA:352 A87786

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Joseph Giumentaro
PBB Group
P.O. Box 950
434 Delaware Avenue
Buffalo, New York 14202

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a "drain net" from Canada; Article 509

Dear Mr.Giumentaro:

In your letter dated September 17, 1996, on behalf of your client Ropak Canada Inc., you requested a ruling on the status of "drain net" from Canada under the NAFTA.

The submitted sample is a net manufactured from 100% polypropylene warp knit open work fabric. A 1/2 inch braided elastic band has been assembled into the knit fabric by sewing a hem around the periphery of a cut to shape piece of the knitted fabric creating a "net" in the shape of a half sphere with a twelve inch diameter opening. Your correspondence indicates that this product will be used in the processing of salmon roe before packaging. This made up textile article is used to drain off the brine from a brine and roe mixture, trapping the roe for subsequent packaging and shipment. Your letter indicates that the polypropylene knit fabric is manufactured in Japan and imported into Canada in rolls where it is cut to shape and assembled with a elastic braid and sewn into the final shape of the drain net. The elastic braid is constructed in Taiwan by braiding textile yarns around rubber thread. The elastic braid will be imported into Canada in rolls and cut to the appropriate length before assembly into the finished net.

Your letter suggests that you believe that the proper classification of this item is in heading 5608, Harmonized Tariff Schedules of the United States, under the provision for made up fishing nets, and other made up nets, of textile material. This is not correct. Heading 5608, HTS, does not include nets made from knitted fabric.

The applicable tariff provision for the "drain net" will be 6307.90.9989, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made up articles, including dress patterns, other, other, other, other, other. The general rate of duty will be 7 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/63.4, HTSUSA.

We are precluded from ruling on the country of origin for this product at this time. We have referred that portion of your request which deals with the country of origin of this product to our Headquarter office for reply. Under separate cover you will receive a country of origin ruling directly from that office.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,

Roger J. Silvestri
Director

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