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NY H81548





August 30, 2001

CLA-2-60:RR:NC:TA:352 H81548

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.43.0080; 6002.30.2025

Mr. Alan Gibson
Stretch-Tex
Unit 7, 1 Canal Road
P.O. Box 348
St. Peters, NSW 2044, Australia

RE: The tariff classification of five dyed warp knit fabrics from Australia.

Dear Mr. Gibson:

In your letter dated May 24, 2001 you requested a tariff classification ruling.

Five samples of warp knit fabric accompanied your request for a ruling. The first, designated as style 1090, is a dyed brushed warp knit fabric composed of 100% filament polyester. Weighing 219.2 g/m2, this product will be imported in 135 centimeter widths. Your correspondence indicates that this fabric will be used in the production of outerwear. Style 12110 is a dyed tricot warp knit fabric composed of 100% filament polyester. Weighing 113.4 g/m2, this product will be imported in 152 centimeter widths. Your correspondence indicates that this fabric will be used as a liner in the production of high performance chlorine resistant swimwear. Style 12060 is a dyed tricot warp knit fabric composed of 100% filament polyester. Weighing 162 g/m2, this product will be imported in 152 centimeter widths. Your correspondence indicates that this fabric will be used in the production of chlorine resistant high performance swimwear.

Style 120046 is a dyed tricot warp knit fabric composed of 100% filament polyester. Weighing 194.6 g/m2, this product will be imported in 157 centimeter widths. Your correspondence indicates that this fabric will be used in the production of shirts. Style 8768 is a dyed tricot warp knit fabric composed of 82.3% filament nylon and 17.7% spandex. Weighing 198.6 g/m2, this product will be imported in 152 centimeter widths. Your correspondence indicates that this fabric will be used in the production of swimwear and sports clothing.

The applicable subheading for the for the four warp knit fabrics designated as styles 1090, 12110, 12060 and 120046 will be 6002.43.0080, 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, other, other. The rate of duty will be 11.2 percent ad valorem.

The applicable subheading for the for the warp knit fabric designated as style 8768 will be 6002.30.2025, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of a width exceeding 30 centimeters, containing by weight 5 percent or more of elastomeric yarn or rubber thread, containing elastomeric yarn, warp knit, other. The rate of duty will be 12.8 percent ad valorem.

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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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