RKW Klerks Moves for Summary Judgment in Classification Case

Imported net wrap should be classified in Harmonized Tariff Schedule heading 8433 as part of harvesting machinery under subheading 8433.90.50 or agricultural machinery under heading 8436, rather than as textile material under heading 6005, RKW Klerks said in a motion filed March 15 at the Court of International Trade. RKW argued that the imported netwrap is "only used in harvesting machinery to produce round bales of hay, silage and fodder," a function that is "fixed with certainty at the time of importation" (RKW Klerks Inc. v. United States, CIT #20-00001).

The case follows CBP's denial of RKW's protest in November 2019. CBP classified the netwrap under 6005.39.00 as warp knit fabric, dutiable at 10%. RKW says that the CBP classification based on relative specificity was wrong and that HTSUS Section XVI requires parts to be classified in the applicable provision of Chapter 84 without regard to relative specificity. Even if relative specificity was permitted in the classification process, RKW says, CBP failed to explain why the liquidated provision is more specific than the claimed provision.