The tariff classification of a bag and mesh netting from China

N043372 November 6, 2008 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889, 6005.32.0010, 6005.42.0010 Patricia A. Timinski CSI International, Inc. 201 Hangar Road Avoca, PA 18641 RE: The tariff classification of a bag and mesh netting from China Dear Ms. Timinski: In your letter dated October 29, 2008, you requested a tariff classification ruling on behalf of your client, JED Pool Tools. The submitted samples are blue knit mesh netting and bags made of the mesh netting. You state that the netting will be used to make two types of leaf skimmers for swimming pools. The mesh will be imported in rolls and will be cut to size and shape in the U.S. to make the skimmer bags. These bags will be inserted into an injection molding machine where a plastic frame is molded to the mesh to become the final product. You did not state the fiber content of the mesh, but our examination leads us to conclude that it is of man-made fibers. However, we cannot determine whether it is synthetic or artificial fibers. Note 2 to Ch. 54, Harmonized Tariff Schedule of the United States (HTSUS), noted. The applicable subheading for the knit mesh fabric in rolls, if constructed of synthetic fibers, will be 6005.32.0010, HTSUS, 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 duty will be 10% ad valorem. The applicable subheading for the mesh netting, if constructed of artificial fibers, will be 6005.42.0010, HTSUS, which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 and 6004, of artificial fibers, dyed, open-work fabrics. The rate of duty will be 10% ad valorem. An incomplete bag will also be imported. The mesh fabric will be cut and sewn in the shape of the bag. This bag is considered to be made up according to the terms of Note 7(e) to Section XI, HTSUS. The submitted sample unfinished bag measures approximately 22” x 16”. The applicable subheading for the made-up mesh netting sewn in the shape of a bag will be 6307.90.9889, 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 National Commodity Specialist Division