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NY H89901




April 5, 2002

CLA-2-63:RR:NC:N3:351 H89901

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 707 Wilshire Blvd., Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of bird nets from China.

Dear Mr. Powell:

In your letter dated March 22, 2002, you requested a ruling on behalf of Plantra, Inc., on tariff classification.

You submitted a sample of the fabric from which the completed nets will be made. You describe it as “High Density Polyethylene Monofilament yarns using a Raschel process to form meshes.” This fabric by itself would be classifiable in Chapter 60, Harmonized Tariff Schedule of the United States (HTS). You list two sizes: 17’ x 1320’ (Heavy Grade) and 17” x 2640’ (Medium Grade). The samples will be returned under separate cover.

You state that the nets are used primarily in vineyards to protect grapes and other fruit crops from predation by birds.

You state that the nets will be imported “as finished nets.” By this we assume you mean that the edges will be hemmed or otherwise finished; in fact, the literature you have provided states that “without properly looped and sewn edges the material will unravel.” Elsewhere, the literature mentions reinforced edges. This makes the articles “made up” under the definition of that term found in Note 7 to Section XI, HTS.

You state your belief that these bird nets are classifiable in subheading 5608.19.2090, HTS, which provides for “Knotted netting of twine, cordage, or rope; . . . other made up nets, of textile materials: Of man-made textile materials: Other: Other: Other.” In order for an article to be classified in Heading 5608 as other made up nets it must be made of a net fabric classifiable in heading 5804. However, the nets are constructed of a knit fabric that is manufactured on a Raschel knitting machine. In light of the fact that the terms of Heading 5804 exclude knit fabrics, the nets at issue cannot be classified in Heading 5608.

The applicable subheading for this product 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.

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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