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NY D80028

July 28, 1998

CLA-2-39:RR:NC:SP:221 D80028


TARIFF NO.: 3920.20.0000; 9817.00.5000

Mr. Chris Murray

American Cargo Express, Inc.

Newark International Airport/Seaport

435 Division Street

Elizabeth, NJ 07201

RE: The tariff classification of polypropylene mesh from China.

Dear Mr. Murray:

In your letter dated July 14, 1998, on behalf of Power Aisle, Inc., you requested a tariff classification ruling.

A sample was provided. The product consists of extruded polypropylene mesh made in a continuous extrusion process and not from pre-existing filaments. This mesh can be placed over trees and plants to protect vegetables and fruits from birds. According to the brochure, the mesh will be sold in a package and measure 7 feet by 20 feet.

The applicable subheading for the polypropylene mesh will be 3920.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of polypropylene. The rate of duty will be 4.2 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS.

Upon compliance with the actual use requirements of Section 10.131-139 of the Customs Regulations, the polypropylene mesh would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

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 Joan Mazzola at 212-466-5580.


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