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March 26, 1999

CLA-2-58:RR:NC:TA:351 D89630

CATEGORY: CLASSIFICATION

TARIFF NO.: 5804.10.1000; 6002.43.0010

Ms. Chantel Pierce
Lynden International
720 S. Hindry Avenue
Inglewood, CA 90301

RE: The tariff classification of netting and knit fabric from New Zealand

Dear Ms. Pierce:

In your letter dated Match 16, 1999, you requested a tariff classification ruling on behalf of Mainfreight Limited.

Specification sheets were submitted which gave the following information on two items which are primarily designed for use in horticulture.

“Knitted Cloth” is actually stated to be of a diamond net construction. It is made of monofilaments measuring 500 and 600 denier. The width of the cloth is up to 12 meters and the length varies per the customer’s demand. The end use is for horticultural protection, particularly from hail.

“Knitted Shade” is a warp knit fabric which you state is made of polyethylene. It is knit of monofilament yarns measuring 600 and 500 denier. The fabric is knit in widths ranging from 72 to 144 inches and in lengths of 50 meters or more, per customer specifications. It is used to provide shade.

According to the information submitted, neither of these cloths appear to be made up, but rather, are fabric in the piece. Samples were submitted.

The applicable subheading for the diamond net cloth will be 5804.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for tulles and other net fabrics, of cotton or man-made fibers. The rate of duty will be 9 percent ad valorem.

The applicable subheading for the knit shade cloth will be 6002.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other fabrics, warp knit, of man-made fibers, open-work fabrics. The rate of duty will be 12 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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