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NY G84999




December 18, 2000

CLA-2-60:RR:NC:TA:352 G84999

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0010; 6002.43.0080

Ms. Lorie A. Brand
C.H. Robinson International, Inc.
1740-A Phoenix Parkway
College Park, Georgia 30349-5421

RE: The tariff classification of five styles of 100% polyethylene warp knit shade fabrics from Korea.

Dear Ms. Brand:

In your letter dated October 14, 2000, on behalf of your client Synthetic Industries, you requested a classification ruling.

Five samples of 100% polyethylene warp knit fabric accompanied your request for a ruling. All of these fabrics will be used for agricultural purposes including control of the quantity of sun reaching crops, as well as, temperature control, protection from wind, rain, hail and damage from animals. The number in the center of the style number corresponds to the shade factor that the fabric generates. That is to say the style with 30 in its style number corresponds to a shade factor of 30%. Style KS30Y is a warp knit fabric characterized by a stable open mesh measuring 12 millimeter by 3 millimeters. Weighing 3.5 ounces per square yard this product will be imported in 144 inch widths. Style KS40R is a warp knit fabric characterized by a stable open mesh measuring 6 millimeters by 3 millimeters. Weighing 3.6 ounces per square yard, this fabric will be imported in 144 inch widths. Style KS50 is a warp knit fabric characterized by a stable open mesh measuring 2 millimeters by 2 millimeters. Weighing 4.4 ounces per square yard, this item will be imported in 72 inch widths.

Style KS60G is a warp knit fabric made from 100% monofilament polyethylene. While the fabric allows some light to pass through it, it does not contain identifiable open spaces and is therefore not considered an open-work fabric. Weighing 6.5 ounces per square yard, this product will be imported in 72 inch widths. Similarly, Style KS70B is a warp knit fabric of 100% monofilament polyethylene. It also does not contain identifiable staple open meshes and is not considered an open-work fabric. Weighing 7.5 ounces per square yard, this fabric will be imported in 144 inch widths

The applicable subheading for the warp knit fabrics designated as styles KS30Y, KS40R and KS50 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 (including those made on galloon knitting machines), of man-made fibers, open-work fabrics. The duty rate will be 11.6 percent ad valorem.

The applicable subheading for the warp knit fabrics designated as styles KS60G and KS70B 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 (including those made on galloon knitting machines), of man-made fibers, other, other. The duty rate will be 11.6 percent ad valorem.

Styles KS60G and KS70B fall within textile category designation 222. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa. The balance of the styles (KS30Y, KS40R and KS50) are not currently subject to quota restraints or visa requirements

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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