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NY N013249

November 9, 2007



TARIFF NO.: 6004.10.0085

Ms. Carol Applegate
New Wave Logistics (USA) Inc.
2417 E. Carson Street, Suite 200
Long Beach, CA 90810

RE: The tariff classification of a dyed rayon/cotton/ spandex blend weft knit fabric from China.

Dear Ms. Applegate:

In your letter dated June 20, 2007, on behalf of your client Kea and Joby, you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as a “Stretch Jersey Fabric”, indicates that it is a dyed weft knit fabric composed of 62.1% rayon, 31.5% cotton and 6.4% spandex. It is characterized by single knit construction and features two way stretch facilitated by the inclusion of spandex elastomeric yarns in the fabric architecture. Weighing 190.7 g/m2, this product will be imported in 175 centimeter widths. Your correspondence indicates that this item will be used in the manufacture of various apparel items.

The applicable subheading for the weft knit fabric will be 6004.10.0085, 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, 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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