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March 16, 1999

CLA-2-60:RR:NC:TA:351 D89154


TARIFF NO.: 6002.49.0000

Ms. Leslie Tsuboi
SST International
P.O. Box 45055
10415 S. La Cienega Blvd.
Los Angeles, CA 90045

RE: The tariff classification of knit fabric from Italy

Dear Ms. Tsuboi:

In your letter dated March 11, 1999, you requested a tariff classification ruling on behalf of COMO Sport.

You state that the manufacturers claims that the knit fabric is a blend of 50 percent silk and 50 percent cashmere. You ask if classification will be determined by the material fiber which appears last in numerical order in the Tariff Schedule. Subheading note 2(A) of Section XI of the Harmonized Tariff Schedule states:

“Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials.”

Note 2 (in pertinent part)states:

“(A) Goods classifiable in chapters 50 to 55 or in heading 5809 or 5902 and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material.

When no one textile material predominates by weight, the goods are to be classified as if consisting wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration.”

The fabric appears to be a warp knit ribbed fabric. As your letter indicated that this fabric will be used in the production of wearing apparel, we will assume that it is knit in widths greater than 30 cm. It is claimed to be a 50/50 blend of cashmere and silk.

The applicable subheading for the fabric will be 6002.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other fabrics, warp knit, other. The rate of duty will be 12 percent ad valorem.

Please note that even a small change in the weight breakdown for the imported merchandise may affect the classification. You have stated that the fabric which is the subject of this ruling contains a certain percentage by weight of cashmere and silk. We have not verified this through laboratory testing, and will assume that your stated fiber content is correct. Upon importation, however, if the fiber content is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

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 212-637-8076.


Robert B. Swierupski

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