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NY 861357


March 25, 1991

CLA-2-60:S:N:N3H:351 861357

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.30.2000

Mr. Matthew Chang
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of a warp knit fabric containing elastomeric yarns from Japan.

Dear Mr. Chang:

In your letter dated March 12, 1991, you requested a tariff classification ruling.

You have submitted a sample swatch of knit fabric. The fabric is made from spun fibers that are 80% polyester and 20% "Rexe" fibers, by weight. In your letter, you stated that "Rexe" yarns are an elastic type of yarn composed of polyether-ester copolymers. We assume that the "Rexe" yarns are considered to be elastomeric for Customs purposes. The fabric will be imported in the piece in widths measuring 58 inches.

The applicable subheading for the fabric will be 6002.30.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of a width exceeding 30 centimeters, containing by weight 5 percent or more of elastomeric yarn or rubber thread, containing elastomeric yarn. The rate of duty will be 14 percent ad valorem.

The knitted fabric falls within textile category designation 222. Based upon international textile trade agreements, products of Japan are subject to the requirement of a visa.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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