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NY 807248




February 28, 1995

CLA-2-60:S:N:N6:351 807248

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.93.0040

Mr. Matthew Chang
ITOCHU International Trading
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of a knitted automotive upholstery fabric from Japan.

Dear Mr. Chang:

In your letter dated February 21, 1995, you requested a classification ruling.

You have submitted a sample swatch of fabric used in the United States in the manufacture of automobile seat covers, type "Modena III." In your letter, you state that the fabric is of circular jersey weft knit construction. However, our Los Angeles laboratory tested a similar ITOCHU fabric, quality "Zouk", and they described it as a double knit fabric that does not have the characteristic of a pile fabric. Based upon the Los Angeles lab report and the sample's thickness and ribbed pattern, we believe that the fabric at issue is a double knit, not a jersey. The "Modena III" fabric is made of piece dyed 100% polyester yarns, and it is uncoated. The fabric, which measures 1.4 meters in width, will be imported in the piece.

The "Modena III" fabric will be classifiable under the provision for other knitted or crocheted fabrics, other, of man- made fibers, of double knit or interlock construction, of polyester, in subheading 6002.93.0040, Harmonized Tariff Schedule of the United States (HTS). The rate of duty will be 13.6 percent ad valorem.

The 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 categories 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

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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
New York Seaport

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