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NY 868839


November 26, 1991

CLA-2-60:S:N:N3H:351 868839

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.92.0000; 6002.30.2000

Ms. Patricia Farrell
Export-Import Services, Inc.
40 Rector Street, Suite 1910
New York, N.Y. 10006

RE: The tariff classification of knitted fabrics from China.

Dear Ms. Farrell:

In your letter dated November 10, 1991 (received in our office on November 18, 1991), on behalf of USA Classic Inc. you requested a tariff classification ruling.

Four samples of bleached, knitted fabrics accompanied your correspondence. the first sample, a 100% cotton jersey, is of weft knit construction. the second sample, a 100% cotton knitted fleece, can not be ruled upon without more information about the construction of the fabric. After we receive a Customs' laboratory report on this item, a ruling will be issued to you under our control number NY 868872.

The third sample is a 2x2 rib knit fabric of weft knit construction. In your letter, you stated that this rib knit fabric is made of 95% cotton fibers and 5% Lycra (spandex). Please note that even a slight variation in the weight breakdown between the cotton and the elastomeric yarn may affect the classification of this merchandise. The fourth sample is a weft (1x1 rib) knit fabric made of 100% cotton. We assume that all of the fabrics will be imported in widths of 30 centimeters (cm) or more and in continuous lengths. The sample swatches of fabrics, except the fleece, will be returned to you.

The applicable subheading for the first and fourth samples, 100% cotton weft knit fabrics, will be 6002.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other, of cotton. The rate of duty will be 14 percent ad valorem.

The third sample, a 95% cotton/5% Lycra rib knit fabric, will be classifiable under the provision for other knitted or crocheted fabrics, of a width exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, containing elastomeric yarn, in subheading 6002.30.2000, HTS. The rate of duty will be 14 percent ad valorem.

The three knit fabrics fall within textile category designation 222. Based upon international textile trade agreements, products of China are subject to the requirement of a visa and quota restraints.

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 (Restraints 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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