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NY 884508




April 9, 1993

CLA-2-60:S:N:N6:351 884508

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0080; 6306.22.9030

Mr. George Cigarroa
Cigarroa Dispatch Company
518 E. Matamoros
Laredo, TX 78042

RE: The tariff classification of polyethylene knitted fabric and knitted carport tents from South Africa and Mexico, respectively.

Dear Mr. Cigarroa:

In your letter dated March 30, 1993, on behalf of Shade Net Inc., you requested a classification ruling.

You have submitted eight swatches of 100% high density polyethylene fabrics which your client intends to import from South Africa in rolls generally measuring 8 feet wide and 20 feet long. The material is of warp knit construction that is not considered to be net or open-work fabric. The fabrics are made from polyethylene textile strips and monofilaments. Except for color, the samples appear to be identical. The imported bulk fabric, known as "shade net", will be exported to Mexico where it will be cut and sewn into "awnings" (tents). This operation in Mexico constitutes a substantial transformation. The tents will be exported to the United States without the steel carport structures, which will be attached here. We assume that the U.S. structural carport poles will be fastened to the ground or structure under the tent rather than to a building.

The applicable subheading for the polyethylene shade cloth from South Africa 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.

The fabric made up into tents in Mexico will be classifiable under the provision for tarpaulins, awnings and sunblinds; tents; ...; of synthetic fibers; other; other; in subheading 6306.22.9030, HTS. The rate of duty will be 10 percent ad valorem.

The tents classifiable under 6306.22.9030, HTS, fall within textile category designation 669. Based upon international textile trade agreements products of Mexico are subject to 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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