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NY H88635




February 21, 2002

CLA-2-60:RR:NC:TA:352 H88635

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.10.0000; 6005.31.0010

Mr. John Mattson
North Star World Trade Services, Inc.
980 Lone Oak Road, Suite 160
Eagan, MN 55121

RE: The tariff classification of a 100% polyethylene open-work warp knit fabric and a polyethylene extruded mesh from China.

Dear Mr. Mattson:

In your letter dated February 11, 2002, on behalf of your client Treessentials Company, you requested a tariff classification ruling.

Two samples accompanied your request for a ruling. The first, designated as “Black Extruded Netting”, is a extruded polyethylene mesh. This product measures 14 feet in width and will be imported in 1000 foot lengths. It will weigh 2 to 5 pounds per 1000 square feet. Your correspondence indicates that this item will be used in the agricultural industry to protect grape crops from damage by birds.

The second product, designated by you as “White Knit Netting”, is an open-work warp knit fabric composed of 100% polyethylene monofilaments. The monofilaments from which this product is knit meet the dimensional requirements to be considered textile monofilaments and consequently the fabric knit from these products are considered textile knit fabrics. This knit fabric will be imported in rolls of 1000 feet and measure approximately 427 centimeters in width. Your correspondence indicates that this item will also be used in the agricultural industry to protect grape crops from damage by birds.

The applicable subheading for the black extruded polyethylene mesh will be 3920.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil or strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials, of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the white polyethylene open-work knit fabric will be 6005.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics 9including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, unbleached or bleached, open-work fabrics. The rate of duty will be 10.8 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, the black extruded polyethylene mesh would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

U.S. Note 2 to Subchapter XVII of Chapter 98 states in part that Subheading 9817.00.50 and 9817.00.60 do not apply to articles of textile material. Since the white warp knit open-work fabric is considered a knit textile material, it is excluded from classification as machinery, equipment and implements to be used for agricultural or horticultural purposes in heading 9817.00.5000, HTS

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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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