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NY H89201

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March 22, 2002

CLA-2-63:RR:NC:N3:351 H89201

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 5407.20.0000, 3920.10.0000, 3920.20.0000, 3920.43.5000, 3920.49.0000

Mr. Michael Chao
M.A.M. Industries, Inc.
10736 Skylark Dr.
Jacksonville, FL 32257

RE: The tariff classification of silt fencing and plastic sheets from China.

Dear Mr. Chao:

In your letter dated March 10, 2002, you requested a ruling on tariff classification.

You submitted two samples. One is a piece of a silt fence, item SF-102. The sample is a square yard (approximately) of fabric woven of strips of man-made fiber; you state that they will be either polypropylene or polyethylene. Each strip is approximately 2.5mm in width, thus meeting the definition of textile in Note 1(g) to Section XI of the Harmonized Tariff Schedule of the United States (HTS). The actual item as described in your letter will be a 4-ft. x 100-ft roll of this fabric, although it might come in different lengths as well. The ends will be unfinished, or they might be sewn (hemmed). Our sample is stapled to a 13-inch 1” x 1” wooden stake; the actual stakes will be 47” and will be stapled every 10 feet. Another variation will be without the stakes.

The applicable subheading for this product if hemmed, with or without the stakes, will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem. There are no quota restrictions or visa requirements for merchandise classified in this subheading.

If imported unhemmed and without stakes the applicable subheading will be 5407.20.0000, HTS. The general rate of duty will be 3.4 percent ad valorem. Merchandise classified in this subheading falls within textile category designation 620. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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.

The second sample is called Visqueen, item VQ-101. It is a sheet that will be either PVC, polypropylene, or polyethylene, 20’ x 100’ or 10’ x 100’, or other sizes. Your letter makes no mention of stakes for this item.

The applicable subheading for VQ-101, if of polyethylene, will be 3920.10.0000, HTS, which provides for other plates, sheets, film, foil and 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. If of polypropylene, the applicable subheading will be 3920.20.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of propylene.

You have not given us enough information to specifically classify this item if it is made of PVC. The applicable subheading will be either 3920.43.5000, HTS, which provides for other plates, sheets, film, foil, and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials...of polymers of vinyl chloride: containing by weight not less than 6 percent of plasticizers: other, with a general rate of duty of 4.2 percent ad valorem, or, alternately, 3920.49.0000, HTS, with a general rate of duty of 5.8 percent ad valorem, if the plasticizer content is less than 6 percent. There are no quota restrictions or visa requirements for merchandise classified in any of these subheadings.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3920.10.00 - Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of ethylene
• Tariff No.: 3920.20.00 - Nonadhesive plates, sheets, film, foil and strip, noncellular, not reinforced or combined with other materials, of polymers of propylene
• Tariff No.: 3920.43.50 - Nonadhesive plate/sheet/film/foil/strip, noncellular, not comb w/other materials, of vinyl chloride polymers, not less 6% plasticizer, nesoi
• Tariff No.: 3920.49.00 - Nonadhesive plates, sheets, film, foil, strip, noncellular, not combined w/other materials, of polymers of vinyl chloride, < 6% plasticizers
• Tariff No.: 5407.20.00 - Woven fabrics obtained from strip or the like of synthetic textile materials
• Tariff No.: 6307.90.98 - National flags and other made-up articles of textile materials, nesoi