United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L87043 - NY L87091 > NY L87066

Previous Ruling Next Ruling
NY L87066

September 1, 2005

CLA-2-60:RR:NC:TA:352 L87066


TARIFF NO.: 6005.31.0010

Ms. Jean L. Maltbie
Jean D. Duncan Customs Brokers, Inc.
P.O. Box 20696/Atlanta Airport
Atlanta, Georgia 30320

RE: The tariff classification of an unbleached or bleached 100% polyester open-work warp knit fabric from China.

Dear Ms. Maltbie:

In your letter dated August 25, 2005, on behalf of your client Unitex International, Inc., you requested a classification ruling.

The submitted sample, designated as item 60” Mesh, is an unbleached or bleached warp knit fabric composed of 100% filament polyester. It is characterized by an open-work mesh construction featuring oval openings measuring 3 millimeters by 5 millimeters distributed evenly over the whole surface of the fabric. This product has been constructed using 100 denier filament polyester yarns. Weighing 110 g/m2, this fabric will be imported in 154 centimeter widths.

Your correspondence indicates that you believe that this fabric may be classifiable in subheading 5804.10.1000, HTS, under the provision for tulles and other net fabrics, not including woven, knitted or crocheted fabrics. Classification in this subheading is not possible. Since the terms of the heading specifically exclude knit fabrics and the fabric designated as 60” Mesh is a knit fabric, classification in subheading 5804.10.1000 is barred.

The applicable subheading for the warp knit fabric designated as 60” Mesh will be 6005.31.0010, 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 heading s 6001 to 6004, of synthetic fibers, unbleached or bleached, open-work fabrics. The duty rate will be 10 percent ad valorem.

This fabric falls within textile category designation 229. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 646-733-3945.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: