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NY N008074





April 6, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.90.9000

Mr. Les G. Etters
Etters International
2077 Airport Drive
Green Bay, WI 54313

RE: The tariff classification of eight 100% polyethylene warp knit fabrics from China.

Dear Mr. Etters:

In your letter dated February 28, 2007, on behalf of your client Volm Companies, Inc. you requested a classification ruling. The samples submitted are being retained by this office for official purposes.

Samples of each of the fabric types accompanied your request for a ruling. The first, designated as style “Premium Green” #TMS665072135339C, is a warp knit fabric composed of 100% polyethylene. It is constructed using polyethylene strip measuring approximately 2 millimeters in apparent width. This strip meets the dimensional requirements to be considered synthetic textile material. Weighing approximately 183 g/m2, this product will be imported in 183 centimeter widths. Your correspondence indicates that this fabric will be marketed as shade cloth.

Style “Economy Green” #TMS650072075339C, is a warp knit fabric composed of 100% polyethylene. It is constructed using polyethylene strip measuring approximately 1 millimeter in apparent width. This strip meets the dimensional requirements to be considered synthetic textile material. Weighing approximately 126 g/m2, this product will be imported in 183 centimeter widths. Your correspondence indicates that this fabric will be marketed as shade cloth.

Styles B201 “Produce Mesh” # RRH201145180Q and B201 “Produce Mesh” # RRH201153180Q are warp knit open-work fabrics composed of 100% polyethylene. They are identical in construction and vary only in width. Each of the fabrics is manufactured using polyethylene strip measuring between 0.5 and 1.3 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile materials. Weighing approximately 37 g/m2 these product will be imported in 45 and 53 centimeter widths respectively. Your correspondence indicates that these products will be used in the manufacture of produce bags.

Style “Red Produce Mesh”” O/M A201 # RRH201058193 is a warp knit fabric composed of 100% polyethylene. This product is constructed using polyethylene strip measuring between 0.5 and 1.3 millimeters in apparent width. These strips meet the dimensional requirements to be considered synthetic textile material. Weighing approximately 47 g/m2, this product will be imported in 58 centimeter widths. Your correspondence indicates that this item will be used in the manufacture of produce bags.

Styles ”Green Privacy Mesh” # TKM140012, “Green Privacy Mesh” #140038 and “Green Privacy Mesh” # TKM140057 are identical in construction and vary only in width. Each of the fabrics is a warp knit fabric composed of 100% polyethylene. They all are manufactured from polyethylene strip that measures approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile materials. Weighing approximately 169 g/m2, these fabrics will be imported in 112, 173 and 234 centimeter widths respectively. Your correspondence indicates that these products will be marketed as fabrics that will enhance privacy by being attached to chain link fences where they will function as a visual barrier.

The applicable subheading for the eight warp knit fabrics will be 6005.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, other, other. The duty rate will be 10 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

All eight warp knit fabrics fall within textile category 899. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. At the present time goods produced in China that fall within textile category 899 are not subject to either quota restraints or visa requirements. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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