The tariff classification of a shrub wrap from China

N226601 July 27, 2012 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Greg Darter Phoenix International Freight Services, Ltd. 1061 East Northwest Highway, Suite 500 Grapevine, TX 76051 RE: The tariff classification of a shrub wrap from China Dear Mr. Darter: In your letter dated July 16, 2012, you requested a tariff classification ruling on behalf of your client, Brainchild Incorporated. You submitted several samples of a shrub wrap you call The Planket. The shrub wrap is made up of heat-rolled nonwoven filament polypropylene fabric. It is a wrap for shrubs, to protect them from winter conditions. The fabric is cut to size and finished around the bottom perimeter with the edges folded over and sewn down, creating one-inch tunnels through which drawstrings are placed; these drawstrings allow the wrap to be tightened around the shrub. The Planket shrub wrap is available in varying diameters, from six feet to ten feet and also ten feet by twenty feet. The applicable subheading for The Planket shrub wrap will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem. In your letter you reference New York Ruling K85446, in which nonwoven piece goods were classified in subheading 5603.12.0090, HTSUS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of man-made filaments. However, The Planket is made up according to the terms of Note 7 to Section XI, HTSUS. 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 the World Wide Web at http://www.usitc.gov/tata/hts/. Your samples will be returned to you. 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 Mitchel Bayer at (646) 733-3102. Sincerely, Thomas J. Russo Director National Commodity Specialist Division