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NY 815468

October 11, 1995

CLA-2-60:R:N3:351 815468


TARIFF NO.: 6002.43.0010

Mr. or Ms. B. Cadman
Donaghys Industries Ltd.
179 Pages Road
P.O. Box 15-007
Aranui, Christchurch 6,
New Zealand

RE: The tariff classification of knitted openwork fabrics from New Zealand

Dear Mr. or Ms. Cadman:

In your letter dated September 14, 1995, you requested a tariff classification ruling.

You have enclosed samples of four fabrics and one twine. The four fabrics are described as "environmental protection fabrics" for shade, bird and hail protection, and are 97% by weight of polyethylene, 2% stabiliser and 1% pigment.

Three of the fabrics, labelled "BIRD-TEX," "BIRD-TEX GP" and "HAILNET," are warp-knit openwork fabrics with an open mesh appearance; the meshes range from 5 to 20 millimeters in width depending on the application.

The fourth warp-knit fabric, labelled "SHADECLOTH," is available in four grades: Very Light, Light, Medium and Heavy, depending on the amount of shade they provide. You have provided several samples of the Medium grade of this material, which is considered an openwork fabric. Approximately one-half of the surface area of this material consists of regularly spaced gaps measuring 2 mm by 1 mm, while the remainder of the surface is taken up by the filaments that comprise the fabric. Please note that this ruling applies only to the Medium grade of the fabric as represented by the samples you have provided.

The applicable subheading for the fabrics will be 6002.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics; other fabrics, warp knit (including those made on galloon knitting machines); Of man-made fibers; open-work fabrics. The rate of duty will be 13.6 percent ad valorem.

For the twine, we would require a sample at least 5 meters in length in order to issue a ruling on the classification.

This ruling is being issued under the provisions of Section 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 Jeff Konzet at 212-466-5885.


Roger J. Silvestri

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