CLA-2-56:RR:NC:N3:351 M86036
April J. Collier
Pacific Customs Brokers
P.O. Box 4505
Blaine, WA 98231-4505
RE: The tariff classification of commercial fish traps from Canada
Dear Ms. Collier:
In your letter dated Aug. 8, 2006, you requested a ruling on the classification of commercial fish traps from Canada. The request was on behalf of your client, Sealtek Fabrications, Ltd., of British Columbia.
You submitted pictures and descriptive literature for “Commercial Black Cod Traps” and “Commercial Prawn Traps” manufactured by Sealtek’s division, Ladner Traps. You also submitted a sample of the netting that the traps are made from. The netting is knotted netting of polyethylene twine in a mesh of approximately 1” x 1”.
You also submitted samples of the nylon cords and polypropylene cord used to finish the traps. You describe the traps as follows:
These are heavy duty, durable traps that can be ordered in either 48” or 54” diameter (measured from the bottom ring). [These are three-ring traps.] The frame is 5/8” mild steel. The steel is manufactured in Washington [State], USA . . . . Sealtek purchases it from a firm in Canada. The shrimp traps may be ordered in stainless steel rather than mild steel. The stainless steel is manufactured in Ontario, Canada.
The polyethylene twine, which is used to close the “cape,” is manufactured in Mexico. Sealtek purchased it from a firm in Washington State (no longer in business).
The nylon netting is manufactured in Washington [State], USA.
The two separate nylon twines used to sew the netting together are also manufactured in Washington [State], USA.
The blue polypropylene rope is manufactured either in the US or in Canada by Canada Cordage Company.
The applicable tariff provision for the commercial fish and shrimp traps will be 5608.11.0090, HTSUS, which provides for "Knotted netting of twine, cordage or rope; made up fishing nets and other made up nets, of textile materials: Of man-made textile materials: made up fishing nets, Other." The general rate of duty will be 8% 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/.
In your letter you also ask for the eligibility of the fish traps under the North American Free Trade Agreement (NAFTA). Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of a product under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling.
Please provide the country of origin of all raw materials for the knotted polyethylene twine from which the body of the traps is made, specifically, the polymers and the filaments from which the twine is made.
As provided for in Section 181.94 of the Customs Regulations (19 CFR 181.94), you may submit this additional information within 30 days of the date of this notice. Please address any supplemental letter to this office, and refer to our file number shown above. If you decide to resubmit your request, please include all of the material that we have returned to you.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the classification 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