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NY L85112





May 20, 2005

CLA-2-60:RR:NC:TA:352 L85112

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.32.0080

Ms. Gwenda Williams
Empire Music Co. Ltd.
8553 Main Street
Vancouver, BC V5X 3M3, Canada

RE: The tariff classification of dyed warp knit fabric cut to 18-inch squares from China.

Dear Ms. Williams:

In your letter dated May 6, 2005 you requested a tariff classification ruling.

The submitted samples, designated as “Rhythm Scarves”, are dyed warp knit fabrics composed of 100% filament polyester. Weighing approximately 23.5 g/m2, these products will be imported cut to 18” X 18” squares. The fabric squares have not been hemmed and the edges are not finished in any way. Your correspondence indicates that these “Rhythm Scarves” will be marketed as teaching aids for rhythm games and exercises, color recognition, juggling practice and movement and dance classes. The fabric squares will be packed in sets of 6 or 36.

The applicable subheading for the warp knit fabric squares 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 percent ad valorem.

This product falls within textile category designation 222. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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