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NY M85490

July 27, 2006

CLA-2-56:RR:NC:N3:351 M85490


TARIFF NO.: 5608.19.2090

Douglas I. Dickson
Smart Net Systems, Ltd.
530 Kinnikinik Way
Comox, British Columbia
V9M 3V8

RE: The tariff classification of knotted netting from China

Dear Mr. Dickson:

In your letter dated July 14, 2006, and a follow-up letter with a sample received in our office July 25, you requested a tariff classification ruling.

The sample is a piece of knotted netting. The main body of the net is composed of knotted monofilaments. The netting is finished with a two-inch border of multiple multifilament yarns (three plies of two monofilaments each). The net as constructed is not considered made up for tariff purposes. The mesh created by the knotting is approximately 20mm x 20mm. You state that the principle use is “protection of high value fruit crops from bird predation, damage and crop loss. The primary users are small commercial ventures and hobbyists.”

The applicable subheading for the knotted netting will be 5608.19.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knotted netting of twine, cordage, or rope;other made up nets, of textile materials: Of man-made textile materials: Other: Other: Other. The rate of duty will be 5% ad valorem.

You state that the classification of this item is subheading 5608.19.10, which provides for fish netting. According to your letter, the merchandise is not fish netting, so that provision is not correct.

Subheading 5608.19.2090 falls within textile category designation 229. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at www.otexa.ita.doc.gov.

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.


Robert B. Swierupski

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