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NY M85335




January 31, 2007

CLA-2-60:RR:NC:TA:352 M85335

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0030; 6005.31.0080

Mr. Ameet Shah
Culp Inc.
P.O. Box 2686
High Point, NC 27265

RE: The tariff classification of a 100% polyester warp knit double faced fabric from Germany and the classification of a dyed 100% polyester warp knit fabric of cut pile construction from Korea.

Dear Mr. Shah:

In your letter dated July 14, 2006 you requested a tariff classification ruling.

Two knit fabrics accompanied your request for a ruling. Laboratory analysis of the submitted sample, designated as style “Luscious Cream”, indicates that it is a dyed warp knit fabric of cut pile construction. It is composed of 100% polyester and contains 18.3 stitches per centimeter in the vertical direction. Weighing 243.8 g/m2, this product will be imported in 229 centimeter widths. Your correspondence indicates that this fabric will be used as mattress ticking.

Laboratory analysis of style “Natural” BH 36843 indicates that it is an unbleached warp knit fabric composed of 100% polyester. It is characterized by a mesh or net surface linked to a continuous surface featuring inclined loops similar to a tricot knit construction. The space between the two surfaces is a compressible core formed by filament yarns flowing from one side of the fabric to the other. Weighing 450.3 g/m2, this product will be imported in 211 centimeter widths. This fabric is used in a variety of applications including but not limited to use as cushioning in automobiles, home furnishings and mattress pads.

The applicable subheading for the warp knit fabric of cut pile construction designated as style “Luscious Cream” will be 6001.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, other, velour. The rate of duty will be 17.2 percent ad valorem.

The applicable subheading for the warp knit fabric designated as style “Natural” BH 36843 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 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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