The tariff classification of a made up textile fabric

N242624 July 2, 2013 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889 Mr. Damon V. Pike The Pike Law Firm, P.C. 246 Sycamore Street, Suite 215 Decatur, GA 30030-3434 RE: The tariff classification of a made up textile fabric Dear Mr. Pike: In your letter dated May 30, 2013, you requested a tariff classification ruling on behalf of your client, Lumite, Inc., of Alto, Georgia. The submitted sample is a woven fabric you call Woven HDPE Fabricated Cage. The fabric is woven of filaments that do not exceed one millimeter in apparent width. The filaments are said to be 100% high-density polyethylene (HDPE). The man-made filaments are considered textile according to the terms of Section XI, Legal Note 1(g), Harmonized Tariff Schedule of the United States (HTSUS). The fabric is a textile fabric. The sample piece measures approximately 12” x 13” and is representative of the imported article, which will be larger (specific sizes unstated, but apparently custom made per order specifications). It has a 1-1/2” capping on each edge made of woven textile fabric. In each corner is a round grommet. The capping and grommet make the fabric a made up article as that term is defined in Legal Note 7(f) to Section XI, HTSUS. In a telephone conversation with this office, confirmed in an email message dated June 27, you confirmed that the made up article will be used to create a greenhouse-like enclosure by covering a metal frame, protecting plants to prevent pollination by insects other than those the grower requires. The email read Per our telephone conversation today, my previous email was incorrect. The item to be imported is not a tent type structure. It is to be imported as fabric, finished with grommets. Any structures built out of the fabric would be constructed after importation. In a follow-up telephone conversation on June 28, you stated that the textile articles would not be part of any mechanical system. You stated in another follow-up email that date Pursuant to our latest telephone call, we want to confirm that the fabric is neither used nor imported together with any “mechanical equipment.” It is imported as fabric [actually, as a made up textile article, as explained above], and after importation it would be used to stretch over large cage or tent-like structures made of wire. Some of these structures may be quite large (as wide as 90-ft.,) but they do not have any moving or automated parts that would suggest they are “mechanical equipment.” The applicable subheading for the made up textile fabric will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% 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/. The sample will be retained in our official case file. 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