CLA-2-60:OT:RR:NC:TA:352
Ms. April J. Collier, LCB, CCS
Pacific Customs Brokers, Inc.
1400 A Street
Blaine, WA 98230
RE: The tariff classification of polyethylene warp knit bale net wrap from China, Italy or Greece
Dear Ms. Collier:
In your letter dated March 7, 2017, on behalf of ESD Alliance, dba Committed Ag Supply, you requested a tariff classification ruling. A sample was previously provided.
The bale net wrap is an open-work fabric, warp knit from polyethylene strip approximately 1-2 millimeters in width, in various colors. You state that the bale net wrap will be imported in widths of 48, 51, 64 or 67 inches, in rolls ranging in length from 7000 to 11,250 linear feet per roll. According to the information provided, it does not have any additional features or ancillary items such as hooks, weights, fasteners, etc. either attached to or imported with or for the product. The knit bale net wrap is designed to be used with baling machines for wrapping bales of silage, hay and straw.
In your letter, you suggest alternate classifications for this fabric, such as 5607.41.3000, 8433.90.5025, or 3920.10.0000 Harmonized Tariff Schedule of the United States (HTSUS), as Binder or baler twine, Parts of haying machines and balers, or Other plastic polyethylene sheets, respectively. However, classification under those provisions is precluded for the following reasons: This product is a knitted textile fabric of plastic strip, and is therefore not twine. The plastic strip meets the dimensional requirements of textile strip contained in Section XI, Legal Note 1(g) of the HTSUS, and is therefore a textile product, not a plastic sheeting of Chapter 39. Also, this fabric cannot be considered to be a part of heading 8433, HTSUS. Additional U.S. Rule of Interpretation (AUSR) 1(c), states that a provision for “parts” or “parts and accessories” shall not prevail over a specific provision for such part or accessory. Heading 6005, HTSUS, specifically describes the bale net wrap. Therefore, in accordance with AUSR 1(c), heading 8433, HTSUS, is inapplicable.
The applicable subheading for bale net wrap 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 https://hts.usitc.gov/current.
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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 via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division