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NY L80092




October 14, 2004

CLA-2-60:RR:NC:TA:352 L80092

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 five 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.

Five samples of knit fabric accompanied your request for a ruling. The first, designated as shade cloth 18%, is a dyed warp knit fabric composed of 100% polyethylene. It is constructed 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. This item is characterized by stable open meshes that are rectangular in shape. Weighing 29.8 g/m2, this product will be imported in 420 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.

The product designated as shade cloth 35%, is a dyed warp knit fabric composed of 100% polyethylene. It is constructed 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. This fabric is characterized by stable open meshes that are triangular in shape. Weighing 34.9 g/m2, this product will be imported in 210, 420 or 823 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.

The product designated as shade cloth 50%, is a dyed warp knit fabric composed of 100% polyethylene. It is constructed 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. This fabric is characterized by stable open meshes that are triangular in shape. Weighing 42.1 g/m2, this product will be imported in 210, 420 or 823 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.

The product designated as shade cloth 65%, is a dyed warp knit fabric composed of 100% polyethylene. It is constructed 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. This fabric is characterized by stable open meshes that are triangular in shape. Weighing 66.1 g/m2, this product will be imported in either 210 or 420 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.

The product designated as shade cloth 80%, is a dyed warp knit fabric composed of 100% polyethylene. It is constructed 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 88.2 g/m2, this product will be imported in either 210 or 420 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.

The applicable subheading for the four warp knit fabrics designated as shade cloth 18%, shade cloth 35%, shade cloth 50% and shade cloth 65% 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.

The applicable subheading for the warp knit fabrics designated as shade cloth 80% 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.

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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