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NY N008970

April 25, 2007



TARIFF NO.: 6307.90.9889

Sebastien Ragon
Deschamps Mat Systems, Inc.
P.O. Box 310
Little Falls, NJ 07424

RE: The tariff classification of rollout textile fabric from France

Dear Mr. Ragon:

In your letter dated March 21, 2007, you requested a tariff classification ruling.

The submitted sample is a piece of 100% woven polyester filament textile fabric that is called a Mobi-Barrier. It is woven with pockets for the insertion of fence posts. It is meant to be cut to the necessary length and width; the edges and ends may be melted with a soldering iron or similar tool to prevent unraveling. Once raised with the posts, the fabric creates a barrier dedicated to beach replenishment and the preservation of pathways and recreation areas.

The applicable subheading for the made up textile fabric 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.

You state that the Mobi-Barrier is imported under subheading 5911.32, HTSUS, which provides for textile products and articles for technical uses. As per Explanatory Note 59.11, “The textile products and articles of this heading present particular characteristicsfor use in various types of machinery, apparatus, equipment or instruments.” The fencing is not used with any machinery or apparatus. Neither does this merchandise meet any of the requirements of Note 7(a) or (b) to Chapter 59, HTSUS.

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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