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NY 871422

February 27, 1992

CLA-2-58:S:N:N3H:351 871422


TARIFF NO.: 5804.10.0020

Mr. J.A. Wall
Norman G. Jensen, Inc.
P.O. Box 1689
Oroville, WA 98844

RE: The tariff classification of crop protection knotted nets from Taiwan.

Dear Mr. Wall:

In your letter dated February 5, 1992, on behalf of Mission View Vineyards Ltd., you requested a tariff classification ruling.

You have submitted a sample piece of a crop protection net which will be used in the United State to protect grape and blueberry agricultural crops from damage by birds. In your letter, you stated that the net will be composed of either 100 percent polyethylene or 100 percent nylon and dyed blue. The net fabric is of knotted construction and has stable diamond-shaped open meshes measuring 1 3/16 inches square. The body of the netting is made of monofilament measuring under 1 millimeter in diameter; and the looped edges, running down the entire length of 328 feet on both sides, are made of 3-ply twisted yarn. There are 8000 knotted loops per net. The purpose of these loops is to allow a wire to be inserted for the hanging of the nets over the crops. The crop protection nets will measure 24 x 328 feet, for the cover, and 12 x 328 feet, for the side nets. In a phone conversation with National Import Specialist Assistant Donald Corrigan on February 19, 1992, you stated that the netting will be made in Taiwan and that only the net material will be imported. The structural parts, including the wire fasteners, prongs and steel or wood posts, will be purchased in the United States.

The applicable subheading for the crop protection nets will be 5804.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for tulles and other net fabrics, not including woven, knitted and crocheted fabrics, ..., of man-made fibers. The rate of duty will be 12 percent ad valorem. The knotted netting material falls within textile category designation 229. Based upon international textile trade agreements, products of Taiwan are subject to the requirement of a visa and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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