HQ 081903: Tariff classification of artificial grass

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 081903

                                  November 25, 1988




          CLA-2 CO:R:C:G   081903 DSN

          CATEGORY:  Classification

          TARIFF NO.:  5703.30.0090

          Ms. Sandra Liss Friedman
          Barnes, Richardson & Colburn
          475 Park Avenue South
          New York, New York 10016

          RE:  Tariff classification of artificial grass

          Dear Ms. Friedman:

               This letter is in response to your inquiry of November 20,
          1987, on behalf of your client, Supercourt Int'l., Inc., in which
          you requested tariff classification of artificial grass under the
          proposed Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  Your request was referred to this office for
          a direct reply.  Two samples produced in Canada were submitted
          for examination.

          FACTS:

               Both samples of artificial grass submitted are intended to
          be used to cover indoor and outdoor athletic surfaces.  One
          sample is in its unfinished form, while the other is in a
          finished form.

               The unfinished form consists of a woven man-made fiber
          fabric of polypropylene, which has been tufted with short lengths
          of fibrillated strips which have a width of less than 5 mm where
          inserted or knotted.  These fibrillated strips extend
          approximately three quarters of an inch outward from the surface
          of the woven fabric.

               The grass in its finished form consists of the same two
          components as described above, with the addition of a latex
          coating on the reverse side of the fabric which serves to hold
          the tufting in place.

          ISSUE:














                                         -2-

               What is the proper classification of artificial grass under
          the HTSUSA?

          LAW AND ANALYSIS:

               Classification of merchandise under the HTSUSA is in
          accordance with the General Rules of Interpretation (GRI's) taken
          in order.  GRI 1 provides that classification is determined
          according to the terms of the headings and any relevant section
          or chapter notes.  Heading 5703 provides for carpets and other
          textile floor coverings, tufted.  Note 1 to Chapter 57 defines
          the term "carpets and other textile floor coverings" to mean
          floor coverings in which textile materials serve as the exposed
          surface of the article when in use and includes articles having
          the characteristics of textile floor coverings but intended for
          use for other purposes.  With respect to the instant merchandise,
          the tufted fibrillated man-made fiber strips serve as the exposed
          surface of the grass when used on either an indoor or outdoor
          athletic field.

               The Explanatory Notes constitute the official interpretation
          of the Harmonized System at the international level.  The
          Explanatory Notes to Chapter 57 state that floor coverings
          characteristically must have thickness, stiffness and strength.
          Otherwise, they would be unsuitable as floor coverings.  It is
          obvious that this merchandise possesses thickness, stiffness and
          strength because it is specially designed for use on athletic
          surfaces, which require such features.  Therefore, by applying
          GRI 1, classification of this merchandise is under heading 5703,
          HTSUSA, which provides for other textile floor coverings.

               We note that this merchandise is similar to floor coverings
          and is not to be confused with articles having the
          characteristics of textile floor coverings intended for other
          uses.  General Explanatory Note 1 to Chapter 57 refers to
          articles having the characteristics of textile floor coverings,
          but intended for use for other purposes such as wall hangings or
          table covers or for other furnishing purposes.  The Note is
          describing alternative uses for floor coverings which are of a
          household or decorative nature, whereas, the artificial grass at
          issue is intended for recreational or athletic uses.

          HOLDING:

               In view of the foregoing, the two forms of artificial grass
          are properly classified under subheading 5703.30.0090, HTSUSA,
















                                         -3-

          which provides for carpets, and other textile floor coverings,
          tufted, of other man-made textile materials, other, textile
          category 665, dutiable at the rate of 7.6 percent ad valorem.
          This classification decision is under the HTSUSA, effective
          January 1, 1989, subject to changes before the effective date.

                                        Sincerely,



                                        John Durant, Director
                                        Commercial Rulings Division