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NY K82770




February 23, 2004
CLA-2-60:RR:NC:TA:352 K82770

CATEGORY: CLASSIFICATION

TARIFF NO.: 6003.30.1000; 6005.33.0010

Mr. Philip Wang
Agri Bag Inc.
2690 Alvarado Street
San Leandro, CA 94577

RE: The tariff classification of two 100% polyethylene warp knit fabrics from Indonesia, China, India or Vietnam.

Dear Mr. Wang:

In your letter dated January 28, 2004 you requested a tariff classification ruling.

Two samples of knit fabric accompanied your request for a ruling. The first, designated as sample A, is warp knit fabric with weft insertions that is composed of 100% polyethylene. It is constructed using polyethylene strips that meet the dimensional requirements to be considered synthetic textile strip. This product is characterized by stable open meshes and features yarns of different colors. Weighing approximately 40.7 g/m2, this fabric will be imported in widths ranging between 25.4 centimeters and 56 centimeters. Your correspondence indicates that this item will be used to manufacture produce bags for packing commodities such as potatoes etc.

Sample B is warp knit fabric with weft insertions that is composed of 100% polyethylene. It is constructed using polyethylene strips that meet the dimensional requirements to be considered synthetic textile strip. This product is characterized by stable open meshes and features yarns of different colors. During the knitting process a woven tape approximately 8 millimeters in width is inserted along one edge of the fabric. This woven tape will function as a drawstring after the fabric is converted into produce bags in the United States. Weighing approximately 47.5 g/m2, this fabric will be imported in widths ranging between 35.6 centimeters and 81.3 centimeters

The applicable subheading for the fabric designated as sample A and imported in widths not exceeding 30 centimeters will be 6003.30.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for knitted or crocheted fabrics of a width not exceeding 30 centimeters, other than those of headings 6001 or 6002, of synthetic fibers, open-work fabrics, warp knit. The rate of duty will be 14.1 percent ad valorem.

The applicable subheading for the fabric designated as sample A and imported in widths exceeding 30 centimeters will be 6005.33.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, of yarns of different colors, open-work fabrics. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the fabric designated as sample B will be 6005.33.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, of yarns of different colors, open-work fabrics. The rate of duty will be 10 percent ad valorem.

Products classifiable in subheadings 6003.301000, HTS, and 6005.33.0010, HTS, which are products of Indonesia, China, India or Vietnam are not currently subject to either quota restraints or visa requirements.

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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