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NY M81126




June 14, 2006

CLA-2-60:RR:NC:TA:352 M81126

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.31.0010

Mr. Michael Carr
Hellmann Worldwide Logistics, Inc.
506 East Dallas Road, Suite 100
Grapevine, TX 76051

RE: The tariff classification of a 100% polyester open-work warp knit fabric from the Netherlands.

Dear Mr. Carr:

In your letter dated February 28, 2006, on behalf of your client Contender U.S., Inc., you requested a tariff classification ruling.

Laboratory analysis of the submitted sample, designated as style “MAXX SCRIM”, indicates that it is a bleached warp knit fabric composed of 100% filament polyester. It is characterized by stable open meshes created by warp and weft insertions of yarns through the knit stitches. Weighing 78.8 g/m2, it is assumed that this product will be imported in widths exceeding 30 centimeters. Your correspondence indicates that this fabric will be used as a reinforcing scrim in the production of sails.

Your letter indicates that you believe that this item should be classified under the provision for fabrics specified in note 9 to section XI in subheading 5407.30, HTSUS. Classification in this provision is not possible since the construction of the fabric does not conform to the requirements sets forth in note 9 to section XI. Note 9 to Section XI requires that the product consist of layers of parallel textile yarns superimposed on each other at acute or right angles and further requires that the yarns be bonded at the intersections by adhesive or thermal bonding. The yarns that form style ”MAXX SCRIM” are neither superimposed at right or acute angles nor are they bonded by thermal or adhesive bonding. Rather, in the case of style “MAXX SCRIM” the warp and weft inserted yarns are held in position by the formation of the warp knit stitches which trap them in the loops formed by the knitting process. There is no thermal or adhesive bonding. Consequently, this product cannot be classified in subheading 5407.30, HTSUS, as you suggest.

In the alternative you suggest that this fabric may be classified as a nonwoven fabric in heading 5603, HTSUS. This classification also cannot apply to this product. The Explanatory Notes to heading 5603, which have been ruled to be the official interpretation of the Harmonized Code at the international level state in part:

A nonwoven is a sheet or web of predominantly textile fibers oriented directionally or randomly and bonded.

Since the product before us is not a web of fibers that are bonded together, it does not conform to the construction required for it to be classified as a nonwoven fabric.

The applicable subheading for the warp knit fabric designated as style “MAXX SCRIM” will be 6005.31.0010, 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, unbleached or bleached, open-work fabrics. The rate of duty 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 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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