NY B87931 - The tariff classification of three knit fabrics produced in Macau from yarn produced in either Macau or China. From Macau the fabric is shipped to China for dyeing and finishing before being exported to the United States. - United States International Trade Commision Rulings

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NY B87931

November 17, 1997

CLA-2-60:RR:NC:TA:351 B87931

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.30.2080; 6002.43.0010; 6002.93.0080

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman LLP 707 Wilshire Boulevard, Suite 5555
Los Angeles, CA 90017

RE: The tariff classification of three knit fabrics produced in Macau from yarn produced in either Macau or China. From Macau the fabric is shipped to China for dyeing and finishing before being exported to the United States.

Dear Mr. Powell:

In your letter dated July 22, 1997, on behalf of Advance International, LLC, Walnut, CA, you requested a classification ruling.

Three representative samples were submitted which were identified as #1, #2 and #3. Your letter indicates that all three fabrics will be knitted in Macau from yarn produced in either Macau or China. Thereafter, the fabrics will be shipped to China to be dyed and finished before being exported to the United States.

All three materials were submitted to the New York Customs laboratory for analysis as to construction. These were basically consumed in lab analysis. Specifically, the first material (#1), consists of a weft knit per laboratory report, not warp knit as indicated in your letter. You state the fabric is composed of 95% polyester man-made fibers and 5% spandex with a weight of 259 grams per square meter.

The second material (#2), also consists of a weft knit fabric (not warp knit) stated to be composed of 65% polyester man-made fibers and 35% cotton, by weight. This material weighs 262 grams per square meter.

The third material (#3), is of an open mesh warp knit construction. This fabric is stated to be composed of 100% nylon man-made fibers.

It is inferred from your correspondence that all three materials will be imported in 58/60" widths as roll goods.

The applicable subheading for sample #1, as you suggest, will be 6002.30.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for ... other knitted or crocheted fabrics, of a width exceeding 30 cm, containing by weight 5% or more of elastomeric yarn or rubber thread ... The duty rate will be 13.5 percent ad valorem.

Sample #2, being of weft knit construction, falls under subheading 6002.93.0080, HTS, which provides for other knitted or crocheted fabrics, of man-made fibers, of other than double knit or interlock construction. The duty rate is 12.8 percent ad valorem.

The applicable subheading for sample #3, also as you suggest will be 6002.43.0010, HTS, which provides for ... other knitted or crocheted fabrics, warp knit, of man-made fibers, open-work fabrics. The duty rate is 12.8 percent ad valorem.

Samples #1 and #2 fall within textile category designation 222 while Sample #3 falls within textile category designation 229. Based upon international textile trade agreements products of Macau 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. 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 George Barth at 212-466-5884.

Sincerely,

Robert B. Swierupski
Director,

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