CLA-2-60:OT:RR:NC:TA:352
Ms. Gigi van Zanten
Total Energy Group
PO Box 839
Summerland, CA 93067
RE: The tariff classification of a warp knit fabric composed of polyethylene and metalized strip and of yarns of synthetic fibers, from China
Dear Ms. van Zanten:
In your letter dated November 19, 2012, you requested a tariff classification ruling.
The submitted sample is identified as AIS Series knit fabric. Your letter and further correspondence state that the AIS fabric is made up of aluminum foil, polyester film and polyester yarns. It is characterized by rows of transparent and metalized strips held in place by columns of chain stitches and weft yarns. U.S. Customs & Border Protection lab analysis indicates that this is a fabric of warp knit construction, of yarns of different colors, weighing 85.6 g/m2. It is composed of 32.5% polyethylene strip, 28.1% acrylic yarn, 23.6% metalized strip and 15.8% polyester yarn. You have indicated that this fabric will be imported in rolls 400 centimeters in width and is designed to be used as shade screen for greenhouses.
The polyethylene strip and the metalized strip are less than 5 millimeters in width, thereby meeting the dimensional requirements of textile strip contained in Section XI, Legal Note 1(g) of the Harmonized Tariff Schedule of the United States (HTSUS). Also, 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 the AIS knit fabric 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,
Thomas J. Russo
Director
National Commodity Specialist Division