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NY 873557

April 28, 1992

CLA-2-60:S:N:N3H:351 873557


TARIFF NO.: 6002.43.0080

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of polyester warp knit fabric from Canada.

Dear Mr. LeClair:

In your letter dated April 15, 1992, on behalf of Tek-Knit Industries, you requested a tariff classification ruling.

You have submitted a sample piece of 100 percent polyester knit fabric. In your letter, you state that the fabric's fibers are of U.S. origin and that the fabric is made in Canada. The fabric is of warp knit construction but is not considered to be an open-work knit fabric. The fabric will be imported in the piece in 70 inch widths.

The applicable subheading for the knit fabric will be 6002.43.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other fabrics, warp knit ..., of man-made fibers, other, other. The rate of duty will be 14 percent ad valorem.

Goods classifiable under subheading 6002.43.0080, HTS, which have originated in the territory of Canada, will be entitled to an 8.4 percent rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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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