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NY J80490





February 13, 2003

CLA-2-60:RR:NC:TA:352 J80490

CATEGORY: CLASSIFICATION

TARIFF NO.: 6006.33.0040; 5801.90.2090

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

RE: The tariff classification of a weft knit fabric and a woven fabric of pile construction from Korea.

Dear Ms. O”Shea-Moran:

In your letter dated January 27, 2003 you requested a tariff classification ruling.

Two samples of fabric accompanied your request for a ruling. The first, designated as style JJK-8955 “Wavy Metallic”, is a weft knit fabric constructed with yarns of different colors. This double knit fabric is composed of 62% polyester and 38% metalized yarns. Weighing approximately 65 g/m2, this product will be imported in 151 centimeter widths.

Style JJK-3293 “Hairy Metallic” is a woven fabric of cut pile construction. It is composed of 70% nylon and 30% metalized yarn with the pile yarns being composed entirely of metalized yarns. Weighing 63 g/m2, this fabric will be imported in 112 centimeter widths. This item has been constructed of yarns of different colors and features a warp pile made from textile strip that has been coated with metal forming a metalized strip.

The applicable subheading for the knit fabric designated as style JJK-8955 “Wavy Metallic” 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 woven pile fabric designated as style JJK-3293 “Hairy Metallic” will be 5801.90.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of other textile materials, other, other. The rate of duty will be 3 percent ad valorem.

Neither of these fabrics is subject to either quota restraints or visa requirements when produced in Korea.

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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