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NY L80279





January 19, 2005

CLA-2-60:RR:NC:TA:352 L80279

CATEGORY: CLASSIFICATION

TARIFF NO.: 6004.10.0085

Ms. Susan Shibish
Weekenders International
29 East Wilmot Street
Richmond Hill, Ontario, Canada L4H 1A3

RE: The tariff classification of an acetate/spandex blend weft knit fabric from Canada.

Dear Ms. Shibish:

In your letter dated October 19, 2004 you requested a tariff classification ruling.

Laboratory analysis of the submitted sample, designated as style “Stripe Glamour” # 3566, indicates that it is a weft knit fabric composed of 94.5% acetate and 5.5% spandex. It is characterized by a 1 X 1 rib construction and features colored stripes that run the width of the fabric. It is manufactured using a combination of 150 denier filament acetate yarns and 40 denier spandex filament yarns. Weighing 331.7 g/m2, this product will be imported in widths exceeding 30 centimeters.

The applicable subheading for the weft knit fabric designated as style “Stripe Glamour” # 3566 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 12.3 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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