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NY N003465




December 15, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6002.40.8020

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a nylon/metalized/spandex blend raschel knit fabric from China.

Dear Mr. Nagel:

In your letter dated November 15, 2006 you requested a classification ruling. The sample you submitted is being returned as requested.

The submitted sample, designated as style LN4019, is an open-work warp knit fabric composed of 81.7% nylon, 15.3% spandex and 3% metalized yarn. It is characterized by an inwrought design featuring a stylized floral motif. Weighing approximately 113 g/m2, this product will be imported in 19.2 centimeter widths. This fabric has been constructed with yarns of different colors

The applicable subheading for the warp knit fabric designated as style LN4019 will be 6002.40.8020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knitted or crocheted fabrics of a width not exceeding 30 centimeters, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other than those of heading 6001, containing by weight 5 percent or more of elastomeric yarn but not containing rubber thread, other, open-work fabrics, warp knit. The duty rate will be 8 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 222. At the present time goods produced in China that fall in textile category 222 are subject to both quota restraints and visa requirements. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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