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NY L88635




November 29, 2005

CLA-2-60:RR:NC:TA:352 L88635

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0010

Mr. Martin W. Dooley
Multimodal International, Ltd.
2100 East Devon Avenue, Suite C
Elk Grove Village, IL 60007

RE: The tariff classification of two 100% polyester warp knit fabrics of cut pile construction from Japan.

Dear Mr. Dooley:

In your letter dated November 8, 2005, on behalf of your client Toyota Tsusho, America Inc., you requested a tariff classification ruling.

The submitted sample, designated as style “Serio”, is a dyed warp knit fabric of cut pile construction composed of 100% polyester. It contains approximately 24 stitches per centimeter in the vertical direction. Weighing 461 g/m2, this product will be imported in 150 centimeter widths. Your correspondence indicates that this fabric will be used as an upholstery fabric to cover automobile seats. In addition, your letter also requests a ruling on the classification of a similar product designated as style “Serio F”. This product is identical in fiber content and construction to style “Serio” and only varies in that in addition to having been dyed it will also be printed with a design.

You indicate that you believe that these fabrics are classifiable as knitted fabrics of looped pile construction in subheading 6001.22.0000, HTS. Classification in this provision is not possible. Since these fabrics are of cut pile construction they do not have a looped pile surface and are therefore excluded from classification in subheading 6001.22.0000, HTS.

The applicable subheading for the two knitted fabrics designated as styles “Serio” and “Serio F” will be 6001.92.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, over 271 grams per square meter, velour. The rate of duty will be 17.2 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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