CLA-2 CO:R:C:T 088276 HP
Mr. Sven Hoeger
d.b.a. Creative Habitat
P.O. Box 597
Pawling, NY 12564
RE: Fibro-Schines, Fibro-Pallets, Fibro-Clusters are
clusters of bound coconut (coir) fibers. Fibro-mat; fabric;
horticulture
Dear Mr. Hoeger:
This is in reply to your letter of October 9, 1990,
concerning the tariff classification of coconut fiber
products, produced in Germany and Sri Lanka, under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The merchandise at issue consists of four products
produced from coconut fibers, or coir, described by you as
follows:
A: FIBRO-SCHINES
1. Description
Fibro-Schines are basic components for specialized
biotechnical plantings of herbaceous plant materials on
disturbed sites at the interface between water and land,
such as shores, stream banks etc....
Fibro-Schines are elongated modules of stuffed coconut
fiber, which for matters of transport and cohesion are
held together by netting. Their most commonly used
diameter is approximately 3O cm and their overall length
is approximately 6 meters. We anticipate however, to
import sizes ranging in diameter up to 60 cm; lengths can
be shorter then 6 meters. The netting is made of plastics
and features non slip knots.
2. Use in the US
Fibro-Schines serve as a planting substrate for
biotechnical plantings, such as in erosion control
projects along stream banks and in tidal areas; they may
also be used to create living breakwaters of aquatic
vegetation; by themselves Fibro-Schines are little more
then stuffed bags of coir; to be effective, they have to
be planted with plant materials specifically grown for
this purpose.
Quantities of importation are expected to be relatively
small.
3. Designation
No common name known;
Marketed under the trade name Fiber-Schine(s);
German: Vegetations-Faschine(n)
4. Material Composition
Coconut fiber 99.9% (by weight, approx.)
Polyethylene (netting) 0.1%
5. Photos attached; there is no illustrative literature
available as of yet; items are too voluminous to be
shipped as samples.
B: FIBRO-PALLETS:
1. Description
Fibro-Pallets are specialized planting substrates.
They are rectangular pillows of coir fibers stuffed
loosely into a "pillow case" made of coir twine; the
individual strands of the twine can easily be pushed
apart to reach into the fiber when planting ( knots are
only used to close the "pillow case"); thickness is
approximately 10-15 cm; surface area is approximately one
square meter.
2. Use in the US
Fibro-Pallets serve to hydroponically grow marsh
vegetation in a nursery environment. They stay in the
nursery for a minimum of one growing season until the
plants and planting substrate form a solid sod. They are
then used to reclaim disturbed sites or to establish a
new belt of marsh vegetation along lake shores, ponds or
in tidal areas. without vegetation these substrates are
useless to our bioengineering efforts.
Quantities of importation are expected to be relatively
small.
3. Designation
No common name known;
Marketed only as grown sod under the trade name
Fiber-Pallet(s);
German: Vegetations-Palette(n)
4. Material Composition
Coconut fiber 100%
5. Photos attached;
there is no illustrative literature available as of yet;
items are too voluminous to be shipped as samples.
FIBRO-CLUSTERS
1. Description
Fibro-Clusters are specialized planting substrates.
They are balls of coir fibers wrapped with thin
polyethylene foil and held together by-a rubber band;
overall height approximately 8 inches, diameter
approximately 8 inches. Total weight approximately 1
pound.
2. Use in the US
Fibro-Clusters serve to hydroponically grow marsh
vegetation in a nursery environment. They stay in the
nursery for a minimum of one growing season until the
plants and planting substrate form a solid ball. They are
then used to reclaim disturbed sites along lake shores,
ponds or in tidal areas. Without vegetation these
substrates are useless to our bioengineering efforts.
Quantities of importation are expected to be relatively
small.
3. Designation
No common name known;
Marketed only with vegetation under the trade name
Fiber-Cluster(s);
German: Vegetations-Bult(e)
4. Material Composition
Coconut fiber 99.9% (by weight)
Polyethylene foil and rubber band 0.1% (by weight)
5. Photos attached;
there is no illustrative literature available as of yet;
items are too voluminous to be shipped as samples,
D: FIBRO-MATS:
1. Description
Fibro-Mats are specialized planting substrates.
They are thin mats of coir fibers loosely stitched
together with jute yarn; a sample is enclosed.
Thickness is approximately 2.5 cm;
Length and width vary upon request (frequently 1x5
meters).
2. Use in the US
Fibro-Mats serve to hydroponically grow marsh vegetation
in a nursery environment, They stay in the nursery for a
minimum of one growing season until the plants and
planting substrate form a solid sod. This sod can be
rolled up and then used to reclaim disturbed sites or to
establish a new belt of wet meadow vegetation along lake
shores, ponds or in tidal areas.
Without vegetation these substrates are useless to our
bioengineering efforts.
Quantities of importation are expected to be relatively
small.
3. Designation
No common name known;
Marketed only as grown sod under the trade name
Fiber-Carpet(s);
German: Vegetations-Matte(n)
4. Material Composition
Coconut fiber 100%
Jute yarn: negligible
5. Photos attached;
there is no illustrative literature available as of yet;
sample section enclosed.
ISSUE:
What is the correct classification of these products
under the HTSUSA?
LAW AND ANALYSIS:
Subheading 9817.00.5000, HTSUSA, provides for machinery,
equipment and implements to be used for agricultural or
horticultural purposes. U.S. Note 2(e) to subChapter XVII of
Chapter 98 states, however, that "[t]he provisions of headings
9817.00.50 and 9817.00.60 do not apply to ... articles of
textile materials." As the instant merchandise is of textile
materials (see discussion of fibers infra), classification in
this subheading is precluded.
Fibro-Schines, Fibro-Pallets & Fibro-Clusters
Heading 6307, HTSUSA, provides for other made up
articles of textiles. Note 1 to Chapter 63 states that the
subchapter of which heading 6307 is a part "applies only to
made up articles, of any textile fabric." It is clear that
these samples are not fabric, but are merely fibers stuffed
together into twine, netting or foil. Classification in
heading 6307 is therefore inappropriate.
Heading 5305, HTSUSA, provides for, inter alia, coconut
fibers (coir), raw or processed but not spun. The Explanatory
Notes (EN) to the HTSUSA constitute the official
interpretation of the tariff at the international level.
While not legally binding, they do represent the considered
views of classification experts of the Harmonized System
Committee. It has therefore been the practice of the Customs
Service to follow, whenever possible, the terms of the
Explanatory Notes when interpreting the HTSUSA. The EN to
this heading states:
This heading covers vegetable textile
fibres obtained from the leaves or fruit
of certain monocotyledonous plants....
The vegetable textile fibres classified
here include:
Coconut. Coconut fibres (coir)
are obtained from the external
covering of the nut and are
coarse, brittle and brown in
colour. They are classified
here whether in the mass or in
bundles.
It is our opinion that, although these items are in their
final form, they are still considered "in bundles" for
classification purposes. Heading 5305 is therefore correct.
Fibro-Mats
You have described the mats as "loosely stitched
together with jute yarn." Our examination of the sample
indicates that the yarns are merely lying on the surface of
the coir. In order to classify this merchandise we must know
how the stitching process took place; i.e., whether the
stitching medium was a pre-existing yarn or were the coir
fibers pulled up from the mat during the stitching. This
sample is being returned to you. If you wish to send us this
information, please reference the above-listed HQ number and
re-submit the sample.
HOLDING:
As a result of the foregoing, the Fibro-Schines, Fibro-
Pallets & Fibro-Clusters are classified under subheading
5305.11.0000, HTSUSA, as coconut, abaca (Manila hemp or Musa
textilis Nee), ramie and other vegetable textile fibers, not
elsewhere specified or included, raw or processed but not
spun; tow, noils and waste of these fibers (including yarn
waste and garnetted stock), of coconut (coir), raw. The
applicable rate of duty is Free.
Sincerely,
John Durant, Director
Commercial Rulings Division