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NY L82637




March 1, 2005

CLA-2-60:RR:NC:TA:352 L82637

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.32.0010

Ms. Amanda McClain
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of a dyed polypropylene/polyvinyl chloride/polyester blend open-work warp knit fabric from Korea.

Dear Ms. McClain:

In your letter dated February 15, 2005 you requested a tariff classification ruling.

The submitted sample, designated as article number BUM 04-1258, is a dyed open-work warp knit fabric composed of 92.8% polypropylene, 7% polyvinyl chloride and 0.2% polyester. It is characterized by stable open meshes measuring approximately 12 millimeters X 10 millimeters. The yarns that form this open-work product are a combination of flat strip that meet the dimensional requirements to be considered synthetic textile strip gimped around multifilament textile yarns. This product will be imported in 112 centimeter widths and will be marketed as decorative spider webs for Halloween.

Your correspondence suggests that you believe that this product is classifiable in subheading 3926.90.98, HTS, as an other article of plastic. Classification in this provision is not possible since the materials that form this product meet the dimensional requirements to be considered textile materials. Textile and textile articles are specifically excluded from classification in chapter 39 by the application of Note 2(m) to chapter 39.

The applicable subheading for the warp knit fabric designated as article number BUM 04-1258 will be 6005.32.0010, 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, open work fabrics. The rate of duty will be 10 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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