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NY B87510




July 24, 1997

CLA-2-60:RR:NC:TA:351 B87510

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0010

Ms. Ruby L. Wood
Evans And Wood & Co., Inc.
P.O. Box 610005
D/FW Airport, TX 75261

RE: The tariff classification of knit fabric from India

Dear Ms. Wood:

In your letter dated July 11, 1997 you requested a classification ruling on behalf of your client Hobby Lobby Stores Incorporated.

You have submitted a sample of an open-work warp knit fabric (style # SC/FAB/802G). In a phone conversation with this office you stated that the fiber content of the fabric was incorrectly stated in your letter and that the actual fiber content is 60% polymide and 40% lurex and the fabric will be imported in lengths of 9' x 32". You described the fabric on the packaging as "golden net" which is similar to its appearance. You indicated that the fabric will be imported in individual packages as a Christmas garland.

Please note that a yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. You have stated that the fabric which is the subject of this ruling contains a certain percentage by weight of metalized yarns. We have not verified this through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

The applicable subheading for the knit fabric will be 6002.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics; other fabrics, warp knit (including those made on galloon knitting machines); of man-made fibers; open-work fabrics. The rate of duty will be 12.8 percent ad valorem.

The knit fabric falls within textile category designation 229. Based upon international textile trade agreements products of India are subject to quota and 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jeff Konzet at 212-466-5885.

Sincerely,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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