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NY H81339

May 30, 2001

CLA-2-60:RR:NC:TA:352 H81339


TARIFF NO.: 6002.43.0080

Mr. Tom Chai
2317 Santa Clara Avenue
Alameda, CA 94501

RE: The tariff classification of man-made monofilament warp knit fabric from Korea.

Dear Mr. Chai:

In your letter dated May 20, 2001 you requested a classification ruling.

Two samples of warp knit shade cloth accompanied your request for a ruling. The fabrics appear identical in construction and vary only in color. Each of the fabrics, designated as Santina shade cloth, is a warp knit fabric constructed using man-made monofilaments. It is assumed that the monofilaments are composed of either polyethylene or polypropylene. These monofilaments meet the dimensional requirements to be considered textile material. Weighing approximately 6 ounces per square yard these products will be imported in 183 centimeter widths. The descriptive literature submitted indicates that these fabrics will be used as shade cloth in the construction gazebos, carports and other structures requiring protection from the sun. In addition, your correspondence indicates that these products may be used in the horticultural or agricultural industry to provide protection from the sun.

The applicable subheading for the warp knit shade cloth 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 (including those made on gallon knitting machines), of man-made fibers, other, other. The duty rate will be 11.2 percent ad valorem.

These knit fabrics fall within textile category designation 222. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Alan Tytelman at 212-637-7092.


Robert B. Swierupski

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