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NY M81591





August 01, 2006

CLA-2-60:RR:NC:TA:352 M81591

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080; 6005.31.0080; 6001.22.0000

Mr. Brett Ian Harris
1200 G Street, NW, Suite 800
Washington, DC 20005

RE: The tariff classification of four 100% polyester warp knit fabrics from China.

Dear Mr. Harris:

In your letter dated February 22, 2006, on behalf of your client Global Textile Alliance, Inc., you requested a classification ruling.

Four samples of knit fabric accompanied your request for a ruling. Laboratory analysis of the first, designated as style “Artistry”, indicates that it is an embroidered warp knit fabric composed of 100% polyester. The base fabric is a bleached two bar warp knit fabric characterized by a dense fibrous surface created by brushing the fibers of the floats of the front bar raising the individual filaments into a mass of fine loops. The lapping movements of the front bar may be expressed as 1/0 and 3/4 while the lapping movement for the back bar may be expressed as 1/0 and 1/2. The lapping movement of both bars is in unison producing an unstable construction characterized by inclined loops. Subsequent to knitting, the fabric is brushed which helps to stabilize the fabric. The embroidery is characterized by a stylized floral motif enclosed within an undulating border. Weighing 184.5 g/m2, this fabric will be imported in 230 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

Laboratory analysis of style “Ultimate Suede” indicates that it is a warp knit fabric composed of 100% polyester. The fabric is a bleached two bar warp knit fabric characterized by a dense fibrous surface created by brushing the fibers of the floats of the front bar raising the individual filaments into a mass of fine loops. The lapping movements of the front bar may be expressed as 1/0 and 3/4 while the lapping movement for the back bar may be expressed as 1/0 and 1/2. The lapping movement of both bars is in unison producing an unstable construction characterized by inclined loops. Subsequent to knitting, the fabric is brushed which helps to stabilize the fabric. Weighing 144.9 g/m2, this fabric will be imported in 230 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

Laboratory analysis of style “Structure” indicates that it is a warp knit fabric composed of 100% polyester. The fabric is a bleached two bar warp knit fabric characterized by a dense fibrous surface created by brushing the fibers of the floats of the front bar raising the individual filaments into a mass of fine loops. The lapping movements of the front bar may be expressed as 1/0 and 4/5 while the lapping movement for the back bar may be expressed as 1/2 and 1/0. The lapping movement of the guide bars is in opposite directions producing a stable construction. Weighing 199.5 g/m2, this fabric will be imported in 230 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

Laboratory analysis of style “CK Velvet” indicates that it is a warp knit fabric composed of 100% polyester. The fabric is a dyed two bar warp knit fabric characterized by a dense pile surface created by projection of the floats of the front bar above the fabric surface. The lapping movement of both bars is in unison producing an unstable construction characterized by inclined loops. Weighing 194.2 g/m2, this fabric will be imported in 230 centimeter widths. Your correspondence indicates that this product will be used as an upholstery fabric.

Your correspondence indicates that you believe that the classification of the base fabric of style “Artistry” as well as the classification of styles “Ultimate Suede” and “Structure” may be under the provision for knit fabrics of looped pile construction in subheading 6001.22.0000, HTSUS. Recent Headquarters rulings including HQ 959801 and HQ 960783 have determined that brushed knit fabrics which did not have loops projecting from the surface of the fabric before the brushing process were not considered to be of pile construction. Sine the laboratory has determined that style “Artistry”, “Ultimate Suede” and “Structure” did not have loops projecting from the surface when they were knit, they cannot be considered of looped pile construction.

The applicable subheading for the embroidered fabric designated as style “Artistry” will be 5810.92.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of man-made fibers, other, other, other. The duty rate for this provision is governed by additional U.S. Note 3 to Chapter 58 which provides that the rate of duty is 7.4 percent ad valorem but in the case of embroidery in the piece not less than the rate which would apply to the fabric if not embroidered. Since the base fabric without the embroidery is classifiable in subheading 6005.31.0080, HTSUS, which provides a rate of duty of 10 percent ad valorem, the rate of duty for the embroidered fabric will be 10 percent ad valorem.

The applicable subheading for the two brushed warp knit fabrics designated as styles “Ultimate Suede” and “Structure” will be 6005.31.0080, 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, unbleached or bleached, other, other. The duty rate will be 10 percent ad valorem.

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

The two warp knit fabrics designated as styles “”Ultimate Suede” and “Structure” fall within textile category designation 222 while the warp knit fabric of looped pile construction designated as style “CK Velvet” falls within textile category designation 224. At the present time goods from China that fall within textile category designation 222 are subject to both quota restrains and visa requirements while goods from China falling within textile category designation 224 are not subject to either quota restraints or visa requirements. 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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