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NY N028147




May 15, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Mr. Brian S. Bernarding
Dick’s Sporting Goods
300 Industry Drive
RIDC Park West
Pittsburgh, PA15275

RE: The tariff classification of a 100% polyester weft knit fabric of looped pile construction from Taiwan or Cambodia.

Dear Mr. Bernarding:

In your letter dated May7, 2008 you requested a classification ruling.

The submitted sample, designated as “Computer Jacquard Fleece”, is a printed weft knit fabric of looped pile construction that is composed of 100% polyester. It is characterized by a dense fibrous surface created by brushing the pile yarns. The back of the fabric has been laminated with a clear sheet of polyurethane plastic that is visible to the naked eye. Weighing approximately 320 g/m2, this product will be imported in 147 centimeter widths. Your correspondence indicates that this fabric will be used in the manufacture of hunting jackets and pants.

Your correspondence indicates that you believe that this item is classifiable in subheading 5903.20.2500 under the provision for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902, with polyurethane, of man-made fibers, other, other. However classification in this subheading is precluded by operation of Note 1 to chapter 59. Note 1 to chapter 59 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 product before us for consideration is a fabric of heading 6001, HTS, when not impregnated, coated, covered or laminated with plastic, it is precluded from classification as a textile fabric impregnated, coated, covered or laminated with plastics by Note 1 to Chapter 59.

The applicable subheading for the knit fabric of looped pile construction will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. 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. 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. 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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