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NY M80489




February 17, 2006

CLA-2-63:RR:NC:N3:351 M80489

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Wendy L. Burns
Northern Customs Services
P.O. Box 331
Lewiston, NY 14092

RE: The tariff classification of mesh truck covers from Canada

Dear Ms. Burns:

In your letter dated February 3, 2005, you requested a tariff classification ruling on behalf of your client, Aero-Kit Industries, Inc., of Burlington, Ontario.

The submitted sample is a swatch of material of a mesh truck cover. Although you refer to it as a tarpaulin, it does not meet the tariff definition of tarpaulins, which requires that a tarpaulin be waterproof. These mesh items are not waterproof.

You indicate that the covers will be imported in various sizes, anywhere from 12’ x 85” to 36’ x 85”. You state that the fabric is woven of yarns coated with PVC. Some of the covers have brass grommets attached to the edges for strapping and securing purposes and others are simply sewn over at the edges for insertion of metal tubing for attaching to lift arm. You mention that the only use for the covers will be to keep debris from flying out of dump trucks and flatbed trucks.

The applicable subheading for the mesh truck covers will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Sincerely,

Robert B. Swierupski
Director,

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