The tariff classification of bird control nets for vineyards, from China.

NY K84512 March 30, 2004 CLA-2-63:RR:NC:N3:351 K84512 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Casey Shriver Air-Sea Forwarders, Inc. 9009 La Cienega Blvd. Inglewood, CA 90301 RE: The tariff classification of bird control nets for vineyards, from China. Dear Mr. Shriver: In your letter dated March 19, 2004, you requested a ruling on behalf of Plantra, Inc., of St. Paul, Minnesota, on tariff classification. You have submitted a sample of a net made of high-density polyethylene yarns. The net is used in vineyards to protect the grapevines from being eaten by birds. The net is not made of a plastic, as you state, but is a Rashcel knit textile fabric of heading 6005, Harmonized Tariff Schedule of the United States (HTS). The polyethylene yarn from which the net is knit is classifiable in Chapter 54, HTS, Man-Made Filament Yarn and Strip, which is found in Section XI, Textile and Textile Articles. It is considered an article of textile material. In your letter you suggest that this net is classifiable under the duty-free provision for machinery, equipment and implements to be used for agricultural or horticultural purposes, in subheading 9817.00.5000, (HTS). Note 2.(e) to Section XXII, Subchapter XVII, HTS, states: 2. The provisions of headings 9817.00.50 and 9817.00.60 do not apply to: (e) articles of textile material. . . . As stated above, this netting is made of textile materials and as such is excluded from subheading 9817.00.50. The finished nets are considered to be made up of textile fabric, as per Note 7 to Section XI, HTS. The applicable subheading for this net will be 6307.90.9889 HTS, which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.). 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 Mitchel Bayer at 646-733-3102. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division