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NY N005995

February 8, 2007



TARIFF NO.: 6005.32.0080

Mr. Doug Brown
Innovasia Inc.
2831 Hillsboro Court
Carlsbad, CA 92010

RE: The tariff classification of dyed warp knit spacer fabric from China.

Dear Brown:

In your letter dated January 20, 2007 you requested a classification ruling.

Two samples of fabric accompanied your request for a ruling. The sample designated as style DF-68 is a dyed warp knit fabric composed of 100% polyester. This raschel knit product is characterized by an openwork mesh surface linked to a continuous surface featuring columns of knit stitches in close proximity. The space between the two surfaces is a compressible core formed by filament yarns flowing from one surface of the fabric to the other. Weighing 330 g/m2, this product will be imported in 142 centimeter widths. Your correspondence indicates that this fabric will be used to upholster chairs.

The applicable subheading for the warp knit fabric designated as style DF-68 will be 6005.32.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, dyed, other, other. The duty rate will be 10 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The warp knit fabric designated as style DF-68 falls within textile category 222. At the present time goods produced in China that fall within textile category 222 are subject to both quota restraints and visa requirements. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Your inquiry does not provide enough information for us to give a classification ruling on the jacquard woven fabric designated as style “Nostalgia”. Your request for a classification ruling should include the generic name of the plastic that coats the back of the fabric. In addition, please provide the weight of the plastic in grams per square meter as well as the relative weight of the plastic represented by the percentage of plastic in comparison to the total weight of the fabric. Please indicate whether the plastic coating is cellular or compact. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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