The tariff classification of mesh fencing from China

N309593 March 3, 2020 CLA-2-63:OT:RR:NC:N3:351 CATEGORY: Classification TARIFF NO.: 6307.90.9889; 9903.88.15 Mr. Dinesh Bhojwani Turnkey Product Solutions, Inc 2001 S. Main St Blacksburg, VA 24060 RE: The tariff classification of mesh fencing from China Dear Mr. Bhojwani: In your letter dated Febuary 7, 2020, you requested a tariff classification ruling. Your letter was accompanied by a sample. The sample will be retained by this office. The submitted sample is described as “Swimming Pool Mesh Fencing.” The fencing will be imported assembled into pre-made fencing sections intended for use around swimming pools to prevent access by small children and animals. The assembled four foot high fencing sections will be imported in up to 15 foot lengths. The open mesh barrier is formed from 100 percent polyester yarns that are individually coated with poly (vinyl chloride) (PVC) and woven into a fabric that contains square holes that are less than 5 mm in length and width. These are textile yarns and the fabric they form is, likewise, considered to be textile for tariff purposes. After the yarns are woven into a fabric, the fabric is heat set. You state the weight of the PVC coating is greater than 70 percent of the total weight of the mesh material. Vinyl binding is sewn to the top and bottom edges of the mesh fabric to form a 1 ? inch border. The bound mesh material is secured at regular intervals to fiber reinforced plastic (FRP) posts and fittings joined by metal fasteners. The applicable subheading for the “Swimming Pool Mesh Fencing” will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up textile articles, including dress patterns: Other: Other: Other: Other: Other.” The rate of duty will be 7 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9889, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6307.90.9889, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 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 Kim Wachtel at kimberly.a.wachtel@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division