HQ 084722: Revocation of New York Ruling 829317 classifying steel wire netting from China

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 084722

                         August 25, 1989

CLA-2 CO:R:C:G: 084722 DPS

CATEGORY: Classification

TARIFF NO.: 7314.19.0000, 7314.41.0000

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
19700 Susana Road
Compton, California  90221

RE:  Revocation of New York Ruling 829317 classifying steel wire
     netting from China

Dear Mr. O'Neill:

     Upon review by our office of New York Ruling Letter (NYRL)
829317, issued June 9, 1988, we have determined that the subject
steel wire netting was improperly classified under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  The
HTSUSA, effective January 1, 1989, supersedes the Tariff
Schedules of the United States (TSUS).  Pursuant to the Customs
Regulations, 19 CFR Section 177.9(d), this office hereby revokes
New York Ruling 829317, and issues the within ruling,
reclassifying the steel wire netting from China under subheading
7314.41.0000, HTSUSA.

FACTS:

     The submitted sample of steel wire netting is of the type
commonly known as poultry netting.  It is produced from steel
wire which measures about .037 inch in diameter after being
coated with zinc.  The wire is twisted and woven into a
hexagonally patterned netting.  A zinc coating is applied after
weaving.  The product will be imported in rolls of various
lengths and widths.

LAW & ANALYSIS

     NYRL 829317, dated June 9, 1988, classified the subject
poultry netting under the provision for other steel wire woven
products in subheading 7314.19.0000, HTSUSA.  Upon review of NYRL
829317, it is apparent that another HTSUSA provision more
accurately describes the subject merchandise.

     The General Rules for the Interpretation of the Harmonized
System (GRI's) govern classification under the Harmonized Tariff
Schedule.  According to GRI 1, the primary consideration in
determining whether merchandise should be classified in a heading
should be given to the language of the heading and any relevant
chapter or section notes.  The subheadings at issue in this case
are:

          (a)  7314.19.0000, Cloth (including endless
          bands), grill, netting and fencing, of iron or
          steel wire; expanded metal of iron or steel: Woven
          products: Other; and

          (b)  7314.41.0000, Cloth (including endless
          bands), grill, netting and fencing, of iron or
          steel wire; expanded metal of iron or steel:
          Other grill, netting and fencing: Plated or
          coated with zinc.

     The Explanatory Notes to the HTSUSA constitute the official
interpretation of the tariff at the international level, and
provide further guidance in making classification determinations.
The Subheading Explanatory Note to subheadings 7314.11 and
7314.19 states:

          The term 'woven products (cloth)' applies only to
          wire products manufactured in the same manner as
          textile woven fabrics, with two thread systems
          crossing at right angles.

The wire netting at issue does not meet the above requirement.
Accordingly, because the Subheading Explanatory Note excludes the
subject merchandise from item 7314.19.0000, HTSUSA, and
7314.41.0000, HTSUSA, more accurately describes the subject
netting, classification is proper under that provision for other
grill, netting and fencing, coated with zinc.

HOLDING:

     Pursuant to Section 177.9(d) of the Customs Regulations (19
CFR 177.9(d)), NYRL 829317 is hereby revoked.  For the reasons
set forth above, the subject wire netting, imported from China,
is properly classifiable under subheading 7314.41.0000, HTSUSA.


                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division