CLA-2-60:OT:RR:NC:TA:352

Ms. Katie Carney
The Hipage Co., Inc.
One Commercial Place, Suite 300
Norfolk, VA 23510

RE: The tariff classification of polyethylene warp knit bale net wrap from Israel

Dear Ms. Carney:

In your letter dated February 22, 2011, on behalf of Balebind International, you requested a tariff classification ruling.

The submitted samples are identified as CoverEdge Netwrap. The net wrap is an open-work fabric, warp knit from strip of approximately 1 millimeter in width, in a variety of colors. This strip, created by slitting polyethylene sheet, meets the dimensional requirements of textile strip contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS). According to the literature provided, this net wrap weighs between 9 and 20 grams per square meter, and will be imported in rolls 168.5cm in width. It is designed to be used for wrapping around bales of silage, hay and straw.

In your submission you suggest classification under subheading 6005.33.0010, Harmonized Tariff Schedule of the United States (HTSUS), as open-work warp knit fabric of synthetic fibers, constructed with yarns of different colors. However, classification under this subheading is precluded because, pursuant to Note 1 of Chapter 54, strip and the like of heading 5404 or 5405 are not considered to be man-made fibers.

The applicable subheading for CoverEdge Netwrap will be 6005.90.9000, HTSUS, which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: other: other. The rate of duty will be 10% 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/.

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 Maribeth Dunajski at (646) 733-3045.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division