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NY L86970




November 4, 2005

CLA-2-60:RR:NC:TA:352 L86970

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
Inner Tech Park
56 Roland Street, Suite 303
Boston, Massachusetts 02129-1223

RE: The tariff classification of a bleached 100% nylon warp knit fabric of looped pile construction from Italy.

Dear Mr. Lynch:

In your letter dated August 17, 2005, on behalf of your client Velcro USA, Inc., you requested a tariff classification ruling.

Laboratory analysis of the submitted sample, designated as style “Ventara”, indicates that it is a bleached warp knit fabric composed of 100% nylon. This product has a two bar warp knit construction characterized by floats formed by the back guide bar extending above the plane of the ground fabric forming a looped pile surface. The movement of the back guide bar, expressed as 1/0, 1/2, moves in unison in the same direction as the front guide bar whose movement can be expressed as 1/0, 3/4. The under laps of the front guide bar yarns have not been cut or brushed and have been caused to form loops by a variation in the tension during the knitting process. Weighing 70.8 g/m2, this fabric will be imported in 163 centimeter widths. Your correspondence indicates that this item will be used in the manufacture of hook and loop fasteners.

Your correspondence suggests that you believe that this fabric is classifiable in subheading 6005.31.0080, HTS. However, heading 6005 excludes from classification goods of headings 6001 to 6004. Since this warp knit fabric is of pile construction provided for in heading 6001, HTS, it is precluded from classification in subheading 6005.31.0080, HTS.

The applicable subheading for the warp knit fabric of pile construction designated as style “Ventara” will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The rate of duty will be 17.2 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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