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NY C86593




May 13, 1998

CLA-2-68:RR:NC:FC:237 C86593

CATEGORY: CLASSIFICATION

TARIFF NO: 6815.10.0000

Mr. Rudy Ehrat
Unitrans International Corp.
709 S. Hindry Ave.
Inglewood, CA 90301-3005

RE: The classification of Multiaxial Carbon Fiber Fabric Warp/Knit from Germany.

Dear Mr. Ehrat:

In your letter dated April 7, 1998 you requested a tariff classification ruling.

The sample submitted, an 8 x 10 inch swatch of a warp knit fabric made of carbon fibre material, is being returned herewith, along with two photographs.

Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI's taken in order.

Heading 6002, HTSUS, provides for other knitted or crocheted fabrics. More specifically, the instant merchandise is described in subheading 6002.49.00, HTSUS, as other warp knit fabrics. However, Legal Note 1.(q), Section XI, HTSUS, specifically excludes carbon fibers or articles of carbon fibers of heading 6815, HTSUS. Therefore, warp knit fabric made of carbon fiber material is specifically excluded under Heading 6002, HTSUS.

Subheading 6815.10.00, HTSUS, provides for nonelectrical articles of graphite or other carbon. The constituent material of the instant fabric is carbon and it is a nonelectrical article not specifically provided for elsewhere.

Therefore, applicable subheading for Multiaxial Carbon Fiber Fabric Warp/Knit will be 6815.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonelectrical articles of graphite or other carbon. The rate of duty is 1 percent ad valorem.

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 F. Cantone at 212-466-5488.

Sincerely,


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