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NY L80091




October 12, 2004

CLA-2-60:RR:NC:TA:352 L80091

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.32.0010; 6005.32.0080

Mr. David E. French
David French & Associates, LLC
P.O. Box 955
Redondo Beach, CA 90277-0955

RE: The tariff classification of three 100% polyethylene warp knit fabrics from Chile.

Dear Mr. French:

In your letter dated September 28, 2004, on behalf of Global Distribution Network, you requested a tariff classification ruling.

Three samples of knit fabric accompanied your request for a ruling. The first, designated as shade cloth 95%, is a dyed warp knit fabric composed of 100% polyethylene. It is manufactured using strips measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and the fabric knit from these strips is considered a synthetic textile fabric. Weighing 130 g/m2, this product will be imported in either 212 or 425 centimeter widths. Your correspondence indicates that this fabric will be used primarily in agriculture as shade cloth in the cultivation of fruits vegetables and flowers and as a wind break in agriculture and construction.

The product designated as “Anti-Granizo” is a dyed open-work warp knit fabric composed of 100% polyethylene. It is manufactured from polyethylene strip measuring approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and consequently the fabric knit from these strips is considered a synthetic textile knit fabric. This item is characterized by rectangularly shaped stable open meshes measuring 7 millimeters on a side. Weighing 70 g/m2, this fabric will be imported in either 210 or 420 centimeter widths. Your correspondence indicates that this product will be used to protect agricultural crops fro damage from hail.

Style “Construccion” is a dyed warp knit fabric composed of 100% polyethylene. It is constructed using strips that measure approximately 1 millimeter in apparent width. These strips meet the dimensional requirements to be considered synthetic textile strips and consequently the knit fabric formed with these strips is considered a synthetic textile knit fabric. It is characterized by stable open meshes that are triangular in shape. Weighing 66 g/m2, this product will be imported in either 210 or 420 centimeter widths. Your correspondence indicates that this item will be used in the construction industry.

The applicable subheading for the warp knit fabric designated as shade cloth 95% will be 6005.32.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, dyed, other, other. The rate of duty will be 10 percent ad valorem.

The applicable subheading for the two warp knit fabrics designated as styles “Construccion” and “Anti-Granizo” will be 6005.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, dyed, open-work fabrics. The rate of duty will be 10 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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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