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NY 870512

January 21, 1991

CLA-2-84:S:N:N1:110 870512


TARIFF NO.: 8448.59.1000; 9902.84.49

Mr. Claus Strohlein
I & S International, Inc.
P.O. Box 232
3068 Rock Hill Road
Burlington, N.C. 27215

RE: The tariff classification of aluminum warp beams from Germany.

Dear Mr. Strohlein:

In your letter dated January 10, 1992, you requested a tariff classification ruling.

The merchandise under consideration involves aluminum warp beams that are designed for use with warp knitting machines such as tricot and raschel knitters. The articles in issue consist of a galvanized steel tube with an aluminum flange on each end. The yarn is warped onto these warp beams, placed on top of the warp knitting machines, and then fed down to the knitting elements. The flange diameter of these warp beams range from 21 inch by 42 inches wide, 30 inch flange by 42 inches wide, and 40 inch flange by 42 inches wide.

The applicable subheading for the aluminum warp beams will be 8448.59.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of knitting machines. The rate of duty will be 4.7 percent ad valorem.

Duty on parts of certain knitting machines has been temporarily suspended. Subheading 9902.84.49, HTSUS, provides for the temporary free entry from most favored nations of power driven flat knitting machines over 50.8 cm in width, parts thereof, and auxiliary machinery for use therewith (provided for in subheading 8447.20.10, 8447.20.60, 8448.19.00 or 8448.59.10). This relates to entries made on or before December 31, 1992. In HQ ruling letter 088061, it was decided that warp knitting machines are a type of flat knitting machine. Parts that are solely or principally used as parts of warp knitting machines, a type of flat knitting machine, would thus be eligible for duty free treatment under subheading 9902.84.49.

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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