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NY L82636




March 1, 2005

CLA-2-63:RR:NC:N3:351 L82636

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Kathy Helton
Import Administrator
John S. James Co.
P.O. Box 71188
Charleston, SC 29415-1188

RE: The tariff classification of silt fence from China

Dear Ms. Helton:

In your letter dated February 18, 2005, you requested a tariff classification ruling on behalf of Michael P. Chang DBA BMB, of Nanuet, New York.

The submitted sample is identified as a silt fence and is imported as Item numbers MISF 150, 180, 1855, 190, and 901. The item is made of fabric woven of 100 percent polyethylene strips; the strips meet the dimensional requirements of man-made fiber textile strips contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTS). The fabric is stapled to wooden stakes. The silt fencing is used for soil stabilization and as a weed barrier.

The applicable subheading for the silt fence will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The rate of duty will be 7 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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