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NY N010142

April 25, 2007



TARIFF NO.: 6004.10.0025

Mr. Terry McBrayer
Robinson Manufacturing Company
798 Market Street
Dayton, TN 37321

RE: The tariff classification of a dyed polyester/spandex blend warp knit fabric from China.

Dear Mr. McBrayer:

In your letter dated April 19, 2007 you requested a classification ruling.

The submitted sample, designated as “Performance Fabric”, is a dyed warp knit fabric composed of 82% polyester and 18% spandex. Weighing 169.6 g/m2, this product will be imported in 162 centimeter widths. Your correspondence indicates that this fabric will be used in the manufacture of athletic apparel and hunting apparel.

The applicable subheading for the warp knit fabric will be 6004.10.0025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knitted or crocheted fabrics of a width exceeding 30 centimeters, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other than those of heading 6001, containing by weight 5 percent or more of elastomeric yarn but not containing rubber thread, warp knit, other. The duty rate will be 12.3 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/.

This fabric falls within textile category 222. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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.

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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