CLA-2-73:OT:RR:NC:1:117
Mr. Joseph Schnitzler
Itochu Building Products Co., Inc.
660 White Plains Road
Tarrytown, NY 10591
RE: The tariff classification of silt fencing from China.
Dear Mr. Schnitzler:
In your letter dated June 16, 2009 you requested a tariff classification ruling. A representative sample was submitted with your request and will be retained by this office.
The product to be imported is silt fencing. Imported in coils, this fencing is comprised of a woven polypropylene fabric which is reinforced with a galvanized steel welded wire mesh.
The silt fencing is considered a composite good, made of metal and textile fabric. In accordance with General Rule of Interpretation (GRI) 3(c), Harmonized Tariff Schedule of the United States (HTSUS), when the essential character of a composite good cannot be determined, classification is based on the heading that occurs last in numerical order among those which equally merit consideration. In this case, the product may be classified in Chapter 73 (metal) or in Chapter 63 (other articles of textile fabric). Since the metal provision appears last in the tariff, the entire item will be classified in Chapter 73.
The applicable subheading for the silt fencing will be 7314.31.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cloth (including endless bands), grill, netting and fencing, of iron or steel wire: expanded metal of iron or steel, other grill, netting and fencing, welded at the intersection, plated or coated with zinc, wire fencing plated or coated with zinc, whether or not covered with plastic material. The rate of duty will be free.
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 Mary Ellen Laker at (646) 733-3020.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division