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NY I86294




January 22, 2003

CLA-2-60:RR:NC:TA:352 I86294

CATEGORY: CLASSIFICATION

TARIFF NO.: 6006.33.0040; 6001.21.0000; 6004.10.0085

Ms. Susan Shibish
Weekenders International
75 Frontenac Drive
Markham, Ontario, Canada L3R 6H2

RE: The tariff classification of four weft knit fabrics from Canada.

Dear Ms. Shibish:

In your letter dated September 19, 2002 you requested a tariff classification ruling.

Four samples of knit fabric accompanied your request for a ruling. The first, designated as style “Tweed Linen” #3511, is a weft knit fabric of double knit construction. It is constructed with yarns of different colors and according to laboratory analysis is composed of 51.1% polyester and 48.9% cotton. Weighing 247.2 g/m2, this product will be imported in 155 centimeter widths.

Style “French Terry” # 3513 is a dyed weft knit fabric of loop pile construction. Laboratory analysis indicates it is composed of 78.6% cotton, 18.6% polyester and 2.8% spandex. The yarns that form the pile yarns of this fabric are composed of 51.2% cotton and 48.8% polyester. Weighing 328.6 g/m2, this product will be imported in 155 centimeter widths.

Style “Glamour” #3502 is a dyed weft knit fabric composed of 94.7% acetate and 5.3% spandex. Weighing 337.1 g/m2, this product will be imported in 157 centimeter widths.

Style “Cotton/Spandex Jersey” #3514 is a dyed weft knit fabric composed of 90.3% cotton and 9.7% spandex. Weighing 173 g/m2, this item will be imported in 155 centimeter widths.

The applicable subheading for the dyed weft knit fabric designated as style “Tweed Linen” #3511 will be 6006.33.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of synthetic fibers, of yarns of different colors, of double knit or interlock construction, of polyester. The rate of duty will be 10.4 percent ad valorem.

The applicable subheading for the weft knit fabric of loop pile construction designated as style “French Terry” #3513 will be 6001.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of cotton. The rate of duty will be 9.9 percent ad valorem.

The applicable subheading for the two weft knit fabrics designated as styles “”Glamour” #3502 and “Cotton/Spandex Jersey” # 3514 will be 6004.10.0085, 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 elastomeric yarn or rubber thread, other than those of heading 6001, containing by weight 5 percent or more of elastomeric yarn but not containing rubber thread, other. The rate of duty will be 12.5 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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