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NY N006533




February 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92..0010

Mr. William Ng
Sunnywood, Inc.
2503 Spring Ridge Drive, Unit H
Spring Grove, IL 60081

RE: The tariff classification of a 100% nylon knit fabric of cut pile construction from China.

Dear Mr. Ng:

In your letter dated January 30, 2007 you requested a classification ruling.

The submitted sample is a knit fabric of cut pile construction composed of 100% nylon. It is characterized by a lush fibrous pile surface and features plastic glitter that has been distributed in an apparently random fashion over the pile surface. Weighing approximately 299 g/m2, this product will be imported in 112 centimeter widths. This fabric has been constructed with approximately 30 stitches per centimeter in the vertical direction. Your correspondence indicates that this product will be used in the manufacture of a variety of apparel items.

Note 1 to chapter 59 sets forth the meaning of “textile fabrics” for the purposes of chapter 59. It states:

Except where the context otherwise requires, for the purposes of this chapter the expression “textile fabrics” applies only to the woven fabrics of chapters 50 to 55 and headings 5803 and 5806, the braids and ornamental trimmings in the piece of heading 5808 and the knitted and crocheted fabrics of headings 6002 to 6006.

Since the fabric before us for consideration is classifiable as a knit pile fabric of heading 6001 if not coated, Note 1 to chapter 59 excludes this fabric when coated with plastic from classification under the provision for textile fabrics impregnated, coated, covered or laminated with plastics in subheading 5903, HTS.

In addition, Note 1 to chapter 60 states in part:

This chapter does not cover:

Knitted or crocheted fabric, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.

Since this fabric is a knit pile fabric coated or covered with plastic, Note 1(c) to chapter 60 specifically includes it within the scope of heading 6001, HTS.

The applicable subheading for the knit pile fabric will be 6001.92.0010, 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, over 271 grams per square meter, velour. 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/.

This fabric falls within textile category 224. At the present time goods that are produced in China that fall within textile category 224 are not subject to either quota restraints or 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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