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NY H89222




August 28, 2002

CLA-2-60:RR:NC:TA:352 H89222

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.92.0030; 6001.22.0000

Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of three knit pile fabrics from Korea and Taiwan.

Dear Ms. O’Shea-Moran:

In your letter dated March 11, 2002 you requested a classification ruling.

Three samples of knit fabric accompanied your request for a ruling. The first, designated as style FELD-NEO-01 “Poly Crushed Panne”, is a dyed weft knit fabric of cut pile construction. It is composed of 100% polyester and is characterized by a dense pile on one side that has been crushed creating a mottled textured surface. This product weighs 178.3 g/m2 and will be imported in 151 centimeter widths. Laboratory analysis indicates that the knit fabric is constructed with 14.7 wales per centimeter and 13.3 courses per centimeter.

Style JS-6035 “Sparkle Spandex” is a three bar warp knit fabric of pile construction. Laboratory analysis indicates that this product is composed of 52.8% nylon, 37.7% polyester and 9.5% spandex. It is constructed using yarns of different colors and is characterized by looped floats projecting above the surface on one side of the fabric. Weighing 159.5 g/m2, this fabric will be imported in 151 centimeter widths.

Style JS-6475 “Sparkle Spandex” is a three bar warp knit fabric of pile construction. Laboratory analysis indicates that this product is composed of 52.2% nylon, 38.3% polyester and 9.5% spandex. It is constructed using yarns of different colors and is characterized by looped floats projecting above the surface on one side of the fabric. Weighing 124.1 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for the weft knit fabric designated as style FELD-NEO-01 “Poly Crushed Panne” will be 6001.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, other, of man-made fibers, other, velour. The duty rate will be 17.7 percent ad valorem.

The applicable subheading for the two warp knit fabric designated as styles JS-6035 “Sparkle Spandex” and JS-6475 “Sparkle Spandex” will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The duty rate will be 17.7 percent ad valorem.

All three knit fabrics fall within textile category designation 224. Based upon international textile trade agreements products of Taiwan and 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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