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NY L89293




January 5, 2006

CLA-2-60:RR:NC:TA:352 L89293

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.32.0080

Mr. Joe Grimme
Mallory Alexander International Logistics 3301 Piper Lane
Charlotte, NC 28208

RE: The tariff classification of a dyed 100% polyester warp knit fabric from China.

Dear Grimme:

In your letter dated December 22, 2005, on behalf of your client Polytrade, Inc., you requested a classification ruling.

The submitted sample, designated as style “Providence” (GM2746M), is a dyed warp knit fabric composed of 100% filament polyester. Weighing approximately 152 g/m2, this fabric will be imported in 165 centimeter widths. Your correspondence indicates that this product will be used in the manufacture of automobiles as a component of headlinings, sunshades, pillars and speaker covers.

Your letter indicates that you believe this fabric is classifiable as a nonwoven fabric in subheading 5603.13.0090. A nonwoven fabric is a web of textile fibers that have been bonded together. Since the fabric before us for consideration is formed by knitting yarns, it does not exhibit the type of construction consistent with nonwoven products and would not be classifiable in heading 5603, HTS.

The applicable subheading for the warp knit fabric designated as style “Providence” will be 6005.32.0080, Harmonized Tariff Schedule of the United States (HTSUS), 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 duty rate will be 10 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 fabric 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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