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NY J81490




August 5, 2003

CLA-2-60:RR:NC:TA:352 J81490

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.32.0080

Mr. Adam Aurecchione
Tomen America Inc.
1285 Avenue of the Americas
New York, NY 10019-6028

RE: The tariff classification of a 100% polyester embossed warp knit fabric from Korea.

Dear Mr. Aurecchione:

In your letter dated February 25, 2003 you requested a tariff classification ruling.

Laboratory analysis of the submitted sample indicates that it is an embossed two bar warp knit fabric composed of 100% polyester. The lapping movement of the front guide bar can be expressed as 1/0, 2/3 while the lapping movement of the back guide bar can be expressed as 1/0, 1/2. It is noted that the guide bars move in unison, that is in the same direction at the same time and create a fabric with an unstable construction. The fabric is stabilized after completion of the knitting process by a brushing operation that raises the individual fibers of the floats of the front guide bar into a mass of fine loops which may be sheared or cropped. The fabric is then embossed with a floral motif. Weighing 255.5 g/m2, this product will be imported in 152 centimeter widths.

Your request for a ruling suggests that you believe that this product is properly classifiable in subheading 6006.32.0080, Harmonized Tariff Schedule of the United States. Since the product before us for consideration is a warp knit fabric, classification in heading 6005 as a warp knit fabric is more appropriate since it is the more specific heading in comparison to heading 6006, HTS, the provision for other knitted or crocheted fabrics.

The applicable subheading for the embossed warp knit fabric will be 6005.32.0080, 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, dyed, other, other The rate of duty will be 10.4 percent ad valorem.

Goods classifiable in subheading 6005.32.0080, HTS, and products of Korea 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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