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NY H88053

February 7, 2002

CLA-2-63:RR:NC:N3:351 H88053


TARIFF NO.: 6307.90.9889

Ms. Vicki W. Talley
Classification Specialist
Komatsu America Int'l Co.
Ripley Parts Operations
101 N. Industrial Rd.
Ripley, TN 38063

RE: The tariff classification of a cargo net from Japan.

Dear Ms. Talley:

In your letter dated Feb. 4, 2002, you requested a ruling on tariff classification. This letter was a follow-up to your letter of December 5, 2001, which we returned for more information under our file H86262, dated Dec. 17. In that letter, we requested a sample of the netting.

You have now supplied that sample. It is a machine-made knit fabric that you state is made of polyester. Your earlier letter described the finished net as a cover for the luggage box of an excavator, to keep gear stowed in the box from exiting. You also suggested classification in two possible subheadings. One was 8431.49.9040, HTS, which provides for other parts of backhoes, shovels, clamshells and draglines, other. However, this item would not be considered a part, but an accessory, and there is no provision in that subheading for accessories. You also mention subheading 5608.19.2090, HTS, which provides for knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials; of man-made textile materials. However, that provision excludes machine-made fabrics.

The applicable subheading for this product will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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