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NY 809874




CLA-2-60:S:N:N6:351 809874

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0080

Ms. Dana L. Trout
Trans-Trade, Inc.
P.O. Box 612369
DFW Airport, TX 75261-02369

RE: The tariff classification of knit polyethylene fencing cloth with eyelets, from South Africa.

Dear Ms. Trout:

In your letter dated April 28, 1995, on behalf of Sun Ports International Inc., you requested a tariff classification ruling.

You have enclosed samples of a knitted material with eyelets made from a combination of textile monofilaments and strips. You describe this material as "100% high density polyethylene knitted fabric"; no item number is indicated in your letter. The material is of warp knit construction that is not considered to be net or open-work fabric. Less than one-quarter of the surface area of this material consists of relatively small, regularly spaced gaps in the knitting, while the remainder of the surface area is filled with the knitted filaments and strips. The strips measure slightly over one millimeter in width. Under our control number NY 891905 dated November 2, 1993, we ruled on this same South African fabric without the eyelets. Each oval eyelet measures about 1/4 inch by 1/2 inch. The eyelets are spaced at intervals 1 1/4 inches apart near the border and are made during the knitting process. The fabric will be imported in rolls or cut to specific lengths, and it will hung with cords through the eyelets on fence walls for use surrounding tennis courts (to reduce wind). We assume that the imported fabric will measure over 30 centimeters in width.

The applicable subheading for the fencing cloth will be 6002.43.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics; other fabrics, warp knit...; of man-made fibers; other; other. The rate of duty will be 13.6 percent ad valorem.

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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