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NY 863574

June 3, 1991

CLA-2-60:S:N:N3h:351 863574


TARIFF NO.: 6002.43.0010

Mr. Oscar Hernandez
O. Hernandez; Inc.
P.O. Box 226
Old San Juan,
Puerto Rico 00902

RE: The tariff classification of polyester open-work warp knit fabric from Costa Rica.

Dear Mr. Hernandez:

In your letter dated April 17, 1991 (received in our office on May 17, 1991), on behalf of Alfonso Sobrino Hnos. Co., you requested a tariff classification ruling.

You have submitted five sample swatches of knitted fabrics that will be used in the manufacture of draperies and curtains. The fabrics are made of 100% polyester fibers. In your letter, you described the merchandise as "fabric netting"; however, the fabrics are not considered to be of net or real lace construction. The samples are open-work, raschel warp knit fabrics that simulate the appearance of lace. We assume that the fabrics will be imported in the piece on rolls measuring over 12 inches in width.

The applicable subheading for the fabric will be 6002.43.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other fabrics, warp knit..., of man-made fibers, open-work fabrics.

The rate of duty will be 14 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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