CLA-2 CO:R:C:G 083117 JS
Mr. Lee Smolen
Vice President
W.G. Carroll & Co., Inc.
One Clay Place
P.O. Box 20729
Atlanta, Georgia 30320
RE: Pallet Netting, Flower Sleeve
Dear Mr. Smolen:
This ruling is in response to your letter of November 16,
1988, requesting the classification of pallet netting and a
flower sleeve under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).
FACTS:
The pallet netting is a loose knitted polyethylene stretch
material used for wrapping around agricultural produce shipments.
The material is of a warp knit construction which does not have
stable open meshes. M & A Karatzis A.G. produces this
merchandise under the tradename "Hellasnet" and will export it in
rolls marked "Made in Greece".
The flower sleeve is a cone-shaped polypropylene sleeve
which is approximately 18 inches long, with openings on each end.
The importer states that the merchandise will be shipped in boxes
of 1000 or 2000 units in each box. The boxes will be marked
"Made in Holland".
ISSUE:
1) Is pallet netting classifiable under heading 6002,
HTSUSA?
2) Is a flower sleeve classifiable under heading 3923,
HTSUSA?
LAW & ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 provides that classification shall be determined
according to the terms of the headings and any relative section
or chapter notes.
Subheading 6002.43 provides for warp knit fabrics (including
those made on galloon knitting machines) of man-made fibers. In
Fairchild's Dictionary of Textiles, at 632 (1959), warp knit is
defined as "a type of knitting in which the yarns generally run
lengthwise;...silk, nylon, acetate, rayon, polyester and other
man-made fibers of continuous filament form are used..." Since
the sample at issue is a loose warp knit made of polyethylene
fibers, it is classified under this heading.
Subheading 3923.29 provides for sacks and bags (including
cones) for the conveyance or packing of goods, of other plastics.
Since the sample at issue is a cone-shaped polypropylene
container designed to carry flowers, it is classified under this
heading.
The HQ ruling 731088, dated June 3, 1988, regarding marking
requirements for polypropylene mesh bags imported from China,
specifically addresses the ultimate purchaser issue under 19
U.S.C. 1304. However, in your letter, you ask whether that
ruling would apply to bags whose source is Argentina, which is a
country of origin, not a marking issue. Therefore, in order to
issue you a binding ruling under Section 12.130, Customs
Regulations (19 CFR 12.130), we require that you provide us with
information as to the manufacturing process of bags imported from
Argentina. List all relevant facts, including the source of the
mesh material, where the material is cut and sewn, and where the
bag is assembled and packaged into the finished product.
HOLDING:
The pallet netting is classified under subheading
6002.43.0090, HTSUSA, which provides for other knitted or
crocheted fabrics: other fabrics, warp knit (including those made
on galloon knitting machines): of man-made fibers, other, textile
category 222, and dutiable at the rate of 14 percent ad valorem.
The flower sleeve is classified under subheading
3923.29.0000, HTSUSA, which provides for articles for the
conveyance or packing of goods, of plastics; stoppers, lids, caps
and other closures, of plastics: sacks and bags (including
cones): of other plastics, dutiable at the rate of 3 percent ad
valorem. This merchandise is currently not subject to quota,
visa, or export license requirements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to inmportation to determine the current
status of any import restraints and requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division