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NY I84620




October 25, 2002

CLA-2-60:RR:NC:TA:352 I84620

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0030

Ms. Kathleen H. Railey
Culp, Inc.
101 S. Main Street
P.O. Box 2686
High Point, NC 27261-2686

RE: The tariff classification of two 100% polyester warp knit fabrics of pile construction from South Korea.

Dear Ms. Railey:

In your letter dated June 6, 2002 and resubmitted with additional information on July 30, 2002 you requested a classification ruling.

Two samples of warp knit fabric accompanied your request for a ruling. The first, designated as style “Satinsoft”, is an unbleached or bleached two bar warp knit fabric composed of 100% filament polyester. Laboratory analysis indicates that this fabric is characterized by a cut pile surface formed by cutting the floats created by the front guide bar. The lapping movement of the front guide bar may be represented in commercial notation by 1/0, 3/4 while the lapping movements of the back bar is 1/0, 1/2. The lapping movements of the guide bars are in the same direction in unison creating an unstable construction with inclined knit loops. It should be noted that the longer front guide bar floats have been cut creating a pile surface. Weighing 256.1 g/m2, this fabric will be imported in 152 centimeter widths. Your correspondence indicates that this product has approximately 25 stitches per centimeter in the vertical direction and will be marketed as an upholstery fabric.

Style “Satinsoft Print” is said to be identical in construction and fiber content to the above described item and varies from it only in that this item has been printed with an elaborate design. Laboratory analysis indicates that this fabric is a two bar warp knit product with a cut pile surface. Analysis of the lapping movements of the guide bars indicate that they moved in unison creating an unstable structure characterized by inclined loops. The longer floats created by the front guide bar have been cut creating the pile surface. Weighing 269.4 g/m2, this fabric will be imported in 152 centimeter widths. Your correspondence indicates that this product contains approximately 25 stitches per centimeter in the vertical direction. It will be marketed as an upholstery fabric.

The applicable subheading for the two warp knit fabric of pile construction will be 6001.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, other, velour. The duty rate will be 17.7 percent ad valorem.

Both fabrics fall within textile category designation 224. Based upon international textile trade agreements products of South Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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