CLA-2-39:S:N:N3D:221 852309

Mr. John Canellakis
Vice President
Beijing Trade Exchange, Inc.
700 E. Street, S.E.
Washington, D.C. 20003-2840

RE: The tariff classification of polyethylene fencing from China.

Dear Mr. Canellakis:

In your letter dated May 2, 1990, you requested a tariff classification ruling. The product is polyethylene mesh fencing material, imported in continuous lengths. The standard measurement is 4 feet in width and 50 feet in length. The mesh is made in a continuous extrusion process and not from pre-existing strands. The ends are not finished or processed in any way. The fencing will be used around areas such as athletic fields, construction areas, pedestrian walkways, and parks.

The applicable subheading for the fencing material will be 3920.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials, of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport