The tariff classification of netting and knit fabrics from Peru

N065642 July 8, 2009 CLA-2-56:OT:RR:NC:TA:351 CATEGORY: Classification TARIFF NO.: 5608.19.1020; 5608.19.2090, 6005.32.0010 Ron Chiabai Redden Marine Supply, Inc. 1411 Roeder Avenue Bellingham, WA 98225-2916 RE: The tariff classification of netting and knit fabrics from Peru Dear Mr. Chiabai: In your letter dated June 16, 2009, you requested a tariff classification ruling. You submitted four samples. You state that all will come in bulk bales with raw, unfinished edges. These nettings are over 30 cm in width. Sample A is a black knotless raschel netting material, of open-work warp knit construction. It is made of 100% nylon. The twine size is 210d/12 and the mesh size is 11/16” stretched measure, with an estimated yield of 44 square feet/lb. The order configuration is bulk bales 600 meshes deep x 110 fathoms long. The intended use for the above item is commercial fishing. Sample C is a red knotless raschel netting material, of open-work warp knit construction. It is made of 100% nylon. The twine size is 210d/180 and the mesh size is 7” stretched measure, with an estimated yield of 43 square feet/lb. The order configuration is bulk bales 100 meshes deep x 70 fathoms long. The intended use for the above item is commercial fishing. The applicable subheading for Samples A and C knotless netting material when imported in bulk will be 6005.32.0010, Harmonized Tariff Schedule of the United States (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 rate of duty will be 10% ad valorem. Sample B is knotted netting constructed of braided nylon twine. The twine size is 210d/192 and the mesh size is 3¼” stretched measure. The estimated yield is 10 square feet/lb. The intended use for this netting is commercial fishing, although we assume it is not salmon gill netting. Sample D is knotted netting constructed of braided nylon twine. The twine size is 210d/96 and the mesh size is 3½” stretched measure. The estimated yield is 24 square feet/lb. The intended uses for this netting are sports netting barriers, batting cages, and commercial fishing. The applicable subheading for Samples B and D, imported with raw, unfinished edges, if used primarily as fish netting, will be 5608.19.1020, HTSUS, which provides for knotted netting of twine, cordage, or rope; made up of fishing nets and other made up nets, of textile materials: Of man-made textile materials: Other: Other. The rate of duty will be 8.5% ad valorem. You also state that Sample D will be imported in rectangular pieces of various sizes with rope borders; you submitted a picture of this. These nets are considered made up according to the terms of Explanatory Note 56.08 (2). In a telephone conversation with this office, you stated that these will be for sports-related uses only, for instance for baseball batting cages or fence-like barriers (behind a soccer goal) or other safety uses; none of the uses are actually game-related (as tennis nets or goal nets would be, for example). The applicable subheading for Sample D, if used primarily as sports netting, whether imported with raw, unfinished edges or imported in rectangular pieces with rope borders, will be 5608.19.2090, 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. 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