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NY I80060




April 16, 2002

CLA-2-60:RR:NC:TA:352 I80060

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.33.0080

Ms. Stephanie A. Goldfischer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of polyethylene warp knit fabric constructed with yarns of different colors from China.

Dear Ms. Goldfischer:

In your letter dated March 25, 2002, on behalf of your client Gale Pacific, you requested a tariff classification ruling. The sample that accompanied your request is being returned to you as requested.

The submitted sample, designated as “Knitted Shade Mesh Fabric”, is a warp knit fabric composed 100% polyethylene. The fabric is knit with a combination of polyethylene monofilaments and polyethylene strip. Both the strip and monofilament meet the dimensional requirements to be considered textile materials. This fabric is constructed with yarns of different colors. Weighing approximately 195 g/m2, this item will be imported in either 183 or 366 centimeter widths. Your correspondence indicates that this product will be used in the production of gazebos and will function as a shade cloth.

The applicable subheading for the warp knit fabric will be 6005.33.0080, 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, of yarns of different colors, other, other. The rate of duty will be 10.8 percent ad valorem.

Based on international textile agreements, goods classifiable in subheading 6005.33.0080 and 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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