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NY J80487

February 13, 2003

CLA-2-60:RR:NC:TA:352 J80487


TARIFF NO.: 6001.92.0040; 6005.34.0010

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

RE: The tariff classification of a two warp knit open-work fabric of man-made fibers from Korea.

Dear Ms. O”Shea-Moran:

In your letter dated January 27, 2003 you requested a tariff classification ruling.

Two samples of fabric accompanied your request for a ruling. The first, designated as style 178-9802 “Chenille”, is a dyed warp knit fabric of open-work construction which is characterized by having had chenille yarns inserted during the knitting process. This raschel knit fabric is composed of 60% acrylic and 40% polyester. Weighing approximately 179 g/m2, this product will be imported in 147 centimeter widths.

Style TOP-LKJ-0658 is a printed open-work warp knit fabric. It is composed of 97% polyester and 3% spandex. Weighing 122 g/m2, this fabric will be imported in 135 centimeter widths. This item features an intricate printed design which has been amplified by brushing up the fibers in certain areas of the fabric creating a textured surface emphasizing the printed pattern.

The applicable subheading for the knit fabric designated as style 178-9802 “Chenille” will be 6001.92.0040, 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, other. The rate of duty will be 17.4 percent ad valorem.

The applicable subheading for the warp knit fabric designated as style TOP-LKJ-0658 will be 6005.34.0010 Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, printed, open-work fabrics. The rate of duty will be 10.4 percent ad valorem.

Style 178-9802 “Chenille” falls within textile category designation 224. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa. Style TOP-LKJ-0658 is not subject to either quota restraints or visa requirements when produced in Korea.

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.


Robert B. Swierupski

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