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NY H89238





March 26, 2002

CLA-2-60:RR:NC:TA:352 H89238

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.34.0080; 6004.10.0025

Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of two man-made fiber warp knit fabrics from Italy and Korea.

Dear Ms. O’Shea-Moran:

In your letter dated March 11, 2002 you requested a tariff classification ruling.

Two samples of knit fabric accompanied your request for a ruling. The first, designated as style FELD-JJ-BODR Poly Bodre Knit, is a warp knit fabric composed of 100% polyester. It has been foil printed with stylized night sky featuring stars and crescent moons. This fabric is constructed using 75 denier filament polyester yarns. Weighing 90 g/m2, this product will be imported in 113 centimeter widths. Style F9/Star Matte Tricot is a warp knit fabric composed of 80% nylon and 20% spandex. It has been dyed a single uniform color. This product weighs approximately 150 g/m2 and will be imported in 150 centimeter widths

The applicable subheading for the warp knit fabric designated as style FELD-JJ-BODR will be 6005.34.0080, 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, printed, other, other. The rate of duty will be 10.8 percent ad valorem.

The applicable subheading for the warp knit fabric designated as style F9/Star Matte Tricot will be 6004.10.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for knitted or crocheted fabrics of a width exceeding 30 centimeters, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other than those of heading 6001, containing 5 percent or more of elastomeric yarn but not containing rubber thread, warp knit, other. The rate of duty will be 12.6 percent ad valorem.

Products classifiable in subheadings 6004.10.0025 and 6005.34.0080 that are produced in either Italy or Korea are not subject to either quota restraints or visa requirements based on international textile agreements.

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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