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NY N020232




November 30, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6004.10.0085

Mr. Crispin N. Flores
C & J Logistical Services, Inc.
9103 S. Austin Drive
Pharr, TX 78577

RE: The tariff classification of a polyester/spandex blend weft knit fabric from China or Taiwan.

Dear Mr. Flores:

In your letter dated November 16, 2007, on behalf of your client Robinson Manufacturing Company, you requested a classification ruling.

The submitted sample, designated as style Performance Grey Heather, is a weft knit fabric composed of 82% polyester and 18% spandex. This circular knit jersey fabric is characterized by significant stretch which is principally attributable to the presence of elastomeric (spandex) yarn incorporated into the fabric as a weft insertion during the knitting process. Weighing 169.6 g/m2, this product will be imported in 157 centimeter widths. Your correspondence indicates that this fabric will be used in the manufacture of men’s undergarments.

The applicable subheading for the weft knit fabric designated as style Performance Grey Heather will be 6004.10.0085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knitted or crocheted fabrics of a width 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. The duty rate will be 12.3 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. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. At the present time goods produced in China which fall within 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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