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NY L81417




December 13, 2004

CLA-2-60:RR:NC:TA:352 L81417

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.32.0010; 6005.32.0080

Mr. David E. French
David French & Associates, LLC
P.O. Box 955
Redondo Beach, CA 90277-0955

RE: The tariff classification and status under the United States-Chile Free Trade Agreement (UCFTA), of eight 100% polyethylene warp knit fabrics from Chile.

Dear Mr. French:

In your letter dated November 17, 2004, on behalf of Global Distribution Network, you requested a ruling on the status of eight warp knit polyethylene fabrics from Chile under the UCFTA.

Eight samples of knit fabric accompanied your request for a ruling. Each of the products is manufactured from polyethylene resin which is produced in South Korea. The polyethylene resin which we presume is in a primary form such as in the form of lumps, powders, granules, flakes, irregularly shaped blocks and similar bulk forms is imported into Chile and combined with United States or Chilean coloring agents before being manufactured into polyethylene strip and subsequently into warp knit fabric.

The product designated as shade cloth 95% is a dyed warp knit fabric composed of 100% polyethylene. It is manufactured using strips measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and the fabric knit from these strips is considered a synthetic textile fabric. Weighing 130 g/m2, this product will be imported in either 212 or 425 centimeter widths. Your correspondence indicates that this fabric will be used primarily in agriculture as shade cloth in the cultivation of fruits vegetables and flowers and as a wind break in agriculture and construction.

The product designated as “Anti-Granizo” is a dyed open-work warp knit fabric composed of 100% polyethylene. It is manufactured from polyethylene strip measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and consequently the fabric knit from these strips is considered a synthetic textile knit fabric. This item is characterized by rectangularly shaped stable open meshes measuring 7 millimeters on a side. Weighing 70 g/m2, this fabric will be imported in either 210 or 420 centimeter widths. Your correspondence indicates that this product will be used to protect agricultural crops fro damage from hail.

Style “Construccion” is a dyed warp knit fabric composed of 100% polyethylene. It is constructed using strips that measure approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and consequently the knit fabric formed with these strips is considered a synthetic textile knit fabric. It is characterized by stable open meshes that are triangular in shape. Weighing 66 g/m2, this product will be imported in either 210 or 420 centimeter widths. Your correspondence indicates that this item will be used in the construction industry.

The product designated as “shade cloth 18%” is a dyed warp knit fabric composed of 100% polyethylene. It is constructed using strips measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and the fabric knit from these strips is considered a synthetic textile fabric. This item is characterized by stable open meshes that are rectangular in shape. Weighing 29.8 g/m2, this product will be imported in 420 centimeter widths. Your correspondence indicates that this fabric will be used primarily in agriculture as shade cloth in the cultivation of fruits, vegetables and flowers.

The product designated as “shade cloth 35%” is a dyed warp knit fabric composed of 100% polyethylene. It is constructed using strips measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and the fabric knit from these strips is considered a synthetic textile fabric. This fabric is characterized by stable open meshes that are triangular in shape. Weighing 34.9 g/m2, this product will be imported in 210, 420 or 823 centimeter widths. Your correspondence indicates that this fabric will be used primarily in agriculture as shade cloth in the cultivation of fruits, vegetables and flowers.

The product designated as “shade cloth 50%” is a dyed warp knit fabric composed of 100% polyethylene. It is constructed using strips measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and the fabric knit from these strips is considered a synthetic textile fabric. This fabric is characterized by stable open meshes that are triangular in shape. Weighing 42.1 g/m2, this product will be imported in 210, 420 or 823 centimeter widths. Your correspondence indicates that this fabric will be used primarily in agriculture as shade cloth in the cultivation of fruits, vegetables and flowers.

The product designated as “shade cloth 65%” is a dyed warp knit fabric composed of 100% polyethylene. It is constructed using strips measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and the fabric knit from these strips is considered a synthetic textile fabric. This fabric is characterized by stable open meshes that are triangular in shape. Weighing 66.1 g/m2, this product will be imported in either 210 or 420 centimeter widths. Your correspondence indicates that this fabric will be used primarily in agriculture as shade cloth in the cultivation of fruits, vegetables and flowers.

The product designated as “shade cloth 80%” is a dyed warp knit fabric composed of 100% polyethylene. It is constructed using strips measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and the fabric knit from these strips is considered a synthetic textile fabric. Weighing 88.2 g/m2, this product will be imported in either 210 or 420 centimeter widths. Your correspondence indicates that this fabric will be used primarily in agriculture as shade cloth in the cultivation of fruits, vegetables and flowers.

The applicable subheading for the warp knit fabrics designated as “shade cloth 95%” and “shade cloth 80%” will be 6005.32.0080, 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, dyed, other, other. The general rate of duty will be 10 percent ad valorem.

The applicable subheading for the warp knit fabrics designated as styles “shade cloth 18%”, “shade cloth 35%”, “shade cloth 50%”, “shade cloth 65%”, “Construccion” and “Anti-Granizo” will be 6005.32.0010, 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, dyed, open-work fabrics. The general rate of duty will be 10 percent ad valorem.

General Note 26(b), HTSUS, sets forth the criteria for determining whether a good is originating under the UCFTA. General Note 26(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, goods imported into the customs territory of the United States are eligible for treatment as originating goods of a UCFTA country under the terms of this note only if they–

(i) were wholly obtained or produced entirely in the territory of Chile or of the United States, or both;

(ii) were produced entirely in the territory of Chile or of the United States, or both, and--

(A) each nonoriginating material used in the production of the good undergoes an applicable change in tariff classification set out in subdivision (n) of this note; or

(B) the good otherwise satisfies any applicable regional value-content or other requirements set forth in such subdivision (n); and satisfies all other applicable requirements of this note and of applicable regulations; or

(iii) the good is produced entirely in the territory of Chile or of the United States, or both, exclusively from materials described in subdivisions (i) or (ii), above.

Based on the facts provided, all eight styles of the warp knit fabrics described above qualify for UCFTA preferential treatment, because they will meet the requirements of HTSUSA General Note 26(b)(ii)(A). The goods will therefore be entitled to a free rate of duty under the UCFTA upon compliance with all applicable laws, regulations, and agreements.

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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