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NY J80083




February 6, 2003

CLA-2-60:RR:NC:TA:352 J80083

CATEGORY: CLASSIFICATION

TARIFF NO.: 6006.31.0040; 6006.32.0040

Ms. Jennie Feng
Fabtex Inc.
1980 Wright Avenue
La Verne, CA 91750

RE: The tariff classification of unbleached or bleached and dyed 100% filament polyester double knit fabric from Taiwan.

Dear Ms. Feng:

In your letter dated January 13, 2003 you requested a tariff classification ruling.

The submitted sample, designated as style NOHOLE240, is an unbleached or bleached weft knit fabric of double knit construction. This item is composed wholly of polyester filament yarns. Your letter indicates that this product, which weighs approximately 172 g/m2, will be imported in a variety of widths exceeding 30 centimeters. Your correspondence also requests a ruling on the classification of merchandise with an identical construction and fiber content but which has been dyed a single uniform color.

You suggest that this fabric is classifiable in subheading 6005.32.0080, HTS. The terms of this heading require that fabrics classified as such be warp knit products. Since the sample submitted is a weft knit fabric classification in this heading is precluded.

The applicable subheading for the unbleached or bleached double knit fabric will be 6006.31.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of synthetic fibers, unbleached or bleached, of double knit or interlock construction, of polyester. The rate of duty will be 10.4 percent ad valorem.

The applicable subheading for the dyed double knit fabric will be 6006.32.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of synthetic fibers, dyed, of double knit or interlock construction, of polyester. The rate of duty will be 10.4 percent ad valorem.

Goods classifiable in subheadings 6006.31.0040 and 6006.32.0040, HTS, which have been produced in Taiwan are not subject to either visa requirements or quota restraints.

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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