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NY M85092




August 23, 2006

CLA-2-60:RR:NC:TA:352 M85092

CATEGORY: CLASSIFICATION

TARIFF NO.: 6005.31.0010; 6005.31.0080

Ms. Marty Langtry
FedEx Trade Networks
1226 Michael Drive, Suite B
Wood Dale, IL 60191

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

Dear Ms. Langtry:

In your letter dated July 13, 2006, on behalf of your client Humphrys’ Textile Products, you requested a classification ruling.

Two sample of knit fabric accompanied your request for a ruling. The first, designated a style CH122, is an unbleached warp knit fabric composed of 100% polyester. It is characterized by inclined loops and has been coated with a silicone plastic which is not visible to the naked eye. Weighing approximately 367 g/m2, this product will be imported in 310 centimeter widths. Your correspondence indicates that this fabric will be used in the manufacture of truck covers.

Style CH50 is an unbleached warp knit fabric composed of 100% polyester. This raschel knit fabric is characterized by stable open meshes measuring approximately 1 centimeter in diameter. Weighing approximately 140 g/m2, this product will be imported in 127 centimeter widths. Your correspondence indicates that this fabric will be used in the manufacture of laundry bags.

Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to:

(a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than:

(1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color;

(2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39)

(3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39);

(4) Fabrics partially coated or partially covered with plastic and bearing designs resulting from these treatments (usually chapters 50 to 55, 58 or 60);

Since the plastic coating on the fabric designated as style “CH122” is not visible to the naked eye, this fabric is not considered a coated fabric either for the purposes of classification in heading 5903, HTS, as a coated fabric of textile nor as a plastic product of chapter 39.

The applicable subheading for the warp knit fabric designated as style CH122 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 fabric designated as style CH50 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 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/.

Style CH122 falls within textile category designation 222 while style CH50 falls in textile category designation 229. Goods produced in China that fall within textile category designations 222 or 229 are subject to both quota restraints and 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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