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NY 883107




March 5, 1993

CLA-2-60:S:N:N6:351 883017

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.20.6000

Ms. Edith M. Sanfilippo
Tower Group International, Inc.
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of a knit polyester carpet binding fabric from Canada.

Dear Ms. Sanfilippo:

In your letter dated February 18, 1993, on behalf of ALM Carpet Machines Inc., you requested a tariff classification ruling.

You have submitted a sample of a 100% polyester warp knit fabric. It is approximately is 2 centimeters wide. It is sold by the yard and we presume it will be imported in continuous lengths.

Your letter states that the origin of the yarn used in this fabric will be the U.S.A. The texturizing, knitting and dying will be done in Canada. The certificate of origin states, however, that the yarn originates in Mexico and the U.S.A. Yarn originating in the United States will render this product "wholly produced or obtained in Canada or the United States." Yarn from Mexico will render this product ineligible for reduced rates of duty under the United States - Canada Free Trade Act (FTA).

The applicable subheading for the this fabric will be 6002.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other, of a width not exceeding 30 cm, other, of man-made fibers. The rate of duty will be 8.6 percent ad valorem.

Goods classifiable under subheading 6002.20.6000, HTS, which have originated in the territory of Canada, will be entitled to a 4.3 percent rate of duty under the FTA upon compliance with all applicable regulations.

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,


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