Background

The Court of International Trade ruled Oct. 4 that U.S. Customs and Border Protection properly classified net wraps as warp knit fabrics under HTSUS 6005.39.00 (10 percent duty) rather than as parts of harvesting machinery under HTSUS 8433.90.50 (duty-free) or parts of agricultural machinery under HTSUS 8436.99.00 (duty-free).

The products at issue are two types of net wrap, both of which are synthetic fabrics used to wrap around bales of harvested crops (e.g., hay, straw, silage) so that when the bales are released from the baling machine they maintain their compressed, round structure and are easier to transport.

The CIT states that the wraps have the characteristics needed to be properly classified as warp knit fabrics; i.e., they are knitted on Raschel machines, made of chains of knit fabric running in a lengthwise direction, and made of synthetic fibers.

By contrast, the court said, the wraps do not qualify as parts of harvesting or agricultural machinery. While they are designed specifically for use in balers at the time of importation, they are not integral to the functioning of the balers, which can operate using alternative materials such as twine. The wraps also do not remain affixed to the balers and perform their intended function only after the bales have left the balers.

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