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NY J89502




October 27, 2003

CLA-2-60:RR:NC:TA:352 J89502

CATEGORY: CLASSIFICATION

TARIFF NO.: 6004.10.0085; 6006.33.0040

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

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

Dear Ms. Shibish:

In your letter dated September 29, 2003 you requested a tariff classification ruling.

Four samples of knit fabric accompanied your request for a ruling. The first, designated as style “Floral Glamour” # 3516, is a weft knit jacquard fabric composed of 94% acetate and 6% spandex. It is characterized by a stylized floral motif formed in the knitting process. Weighing approximately 287 g/m2, this product will be imported in 127 centimeter widths.

Style “Herringbone” #3549 is a weft knit fabric of double knit construction. It is composed of 66% polyester and 34% cotton. This product is constructed with yarns of different colors and features a knit design that simulates the look of a herringbone design. Weighing approximately 270 g/m2, this fabric will be imported in 152 centimeter widths.

Style “Glamour” #3518 is a weft knit fabric of ribbed knit construction. It is composed of 94% acetate and 6% spandex. This product is constructed with yarns of different colors. Weighing approximately 325 g/m2, this fabric will be imported in 163 centimeter widths.

Style “Denim” # 3537 is a weft knit bleached fabric with a pronounced ribbed effect running diagonally across the face of the fabric. It is composed of 50% polyester, 44% cotton and 6% spandex. Weighing approximately 241 g/m2, this fabric will be imported in 170 centimeter widths.

The applicable subheading for the three weft knit fabrics designated as styles “Floral Glamour” #3516, “Glamour” # 3518 and “Denim” # 3537 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 of 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.

The applicable subheading for the weft knit fabric designated as style ”Herringbone” # 3549 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.

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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