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February 17, 1999

CLA-2-60:RR:NC:TA:351 D88230

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.22.0000

Mr. John Schott
Schott International, Inc.
P.O. Box 7152
Akron, OH 44306-0152

RE: The tariff classification of brushed pile fabric from Taiwan

Dear Mr. Schott:

In your letter dated February 10, 1999, you requested a classification ruling.

The fabric was identified as Style M801. You state that it is 60 inches in width, 150D x 48F filament fleece, dyed and heat transfer printed on one side and brushed on both sides. You state the weight to be approximately 10 oz/sq.yd. You also state that the fabric is knit of a 36 inch circular knitting machine. You submitted samples of the fabric in its four stages of production as follows:

1.) Loom state
2.) After dyeing
3.) After brushing
4.) After printing (finished product)

In the loom state the raised loops are easily discernible. The loops are also quite prominent in the dyed state. However, once the fabric has undergone brushing and printing, it is no longer possible, by visual examination, to discern raised loops. The fabric is too heavily brushed to make a determination of whether the fabric is not only engineered to be pile, but has raised pile loops in the loom state.

In your letter you reference your request for reconsideration of New York ruling C80693, dated December 28, 1999. We had returned that request for reconsideration to you without answer as we requested that you submit additional samples of the fabric in its loom state. In response you have sent this request for a different style number fabric. You state that since you are no longer producing the fabric subject of letter C80693, you no longer wish a reconsideration. Additionally, you state that the fabric of this current request, style M801 differs in construction from the fabric of ruling C80693.

The applicable subheading for M801 will be 6001.22.000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The duty rate will be 18.4 percent ad valorem.

The fabric falls within textile category designation 224. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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