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NY 872604


April 15, 1992

CLA-2-60:S:N:N3H:351 872604

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.20.6000

Ms. Sharon Roach
Nippon Express USA Inc.
5176 Pelican Drive
Atlanta, Georgia 30349

RE: The tariff classification of knitted fabric from Japan, used for discharging static electricity from machinery

Dear Ms. Roach:

In your letter dated March 16, 1992 you requested a class- ification ruling on behalf of your client Sanmo International Inc.

You have submitted a sample of "Thunderson SS-N French Tape," which is a warp-knitted material 5 to 5.5 centimeters in width. It is finished along one edge but appears along the other edge to have been cut from a wider fabric; we assume for purposes of this ruling that the original fabric from which this was cut was 10 to 11 centimeters in width.

The material consists of closely-aligned two-ply twisted yarns running back and forth across the width of the fabric, held in place by nine rows of knit stitches running the length of the fabric. Three of these rows of stitching consist of copper wire wrapped with a textile yarn, while the other six rows of yarn are entirely of textile fibers. You indicate in your letter that the fiber content is 46% acrylic, 39% rayon, 7% polyethylene and 8% copper wire.

You have also indicated that the purpose of this material is to dissipate static electricity in production processes in industries such as printing, textile finishing, paper production and film production, where continuous movement of the product tends to generate static electricity. It is placed at different locations in machines where static electricity accumulates. We assume that the purpose of the copper wire in this material is to assist in conducting and releasing static electricity, and not to "reinforce" the material.

Although the use described above may be referred to as a "technical" use, this knitted material is not one of the types enum- erated in Note 7, Chapter 59 of the Harmonized Tariff Schedule of the United States (HTS), and is therefore not classified as "textile products and articles, for technical uses" under heading 5911 of the HTS.

The applicable subheading for "Thunderson SS-N French Tape" will be 6002.20.6000, HTS, which provides for other knitted or crocheted fabrics; other, of a width not exceeding 30 centimeters; other; of man-made fibers. The duty rate will be 8.6% ad valorem.

This material 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 categories may be sub- divided 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 trans- action.

Sincerely,

Jean F. Maguire
Area Director

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