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NY H88290




March 5, 2002

CLA-2-60:RR:NC:TA:352 H88290

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.31.0010; 6005.32.0010

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of three warp knit open-work fabrics from China.

Dear Mr. Travis:

In your letter dated February 22, 2002, on behalf of your client Kellwood, you requested a tariff classification ruling. The samples you submitted are being returned as requested.

Three samples of warp knit fabric accompanied your request for a ruling. The first, designated as pattern number 7070-771, is a dyed open-work warp knit fabric composed of 100% polyester. It is characterized by an open mesh construction featuring oval openings measuring 1/8 inch by 1/16 inch each distributed evenly over the whole surface of the fabric. Weighing 113 g/m2, this product will be imported in 226 centimeter widths. It has been constructed using 70 denier filament polyester yarns.

Pattern number 7070-781, is a dyed open-work warp knit fabric composed of 100% polyester. It is characterized by an open mesh construction featuring oval openings measuring 1/8 inch by 1/16 inch each distributed evenly over the whole surface of the fabric. Weighing 112 g/m2, this product will be imported in 226 centimeter widths. It has been constructed using 67 denier filament polyester yarns.

Pattern number 7070-472, is an unbleached or bleached open-work warp knit fabric composed of 100% nylon. It is characterized by an open mesh construction featuring oval openings measuring 1/8 inch by 1/16 inch each distributed evenly over the whole surface of the fabric. Weighing 115 g/m2, this product will be imported in 226 centimeter widths. It has been constructed using 70 denier filament nylon yarns.

The applicable subheading for the warp knit fabrics designated as pattern numbers 7070-771 and 7070-781 will be 6005.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, dyed, open-work fabrics. The rate of duty will be 10.8 percent ad valorem.

The applicable subheading for the warp knit fabric designated as pattern number 7070-472 will be 6005.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, unbleached or bleached, open-work fabrics. The rate of duty will be 10.8 percent ad valorem.

Based on international textile agreements, all three of the fabrics described above which have been produced in China are not subject to either quota restraints or visa requirements.

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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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