CLA-2-55:S:N:N6:352 805873
Ms. Anne Levy
Dynashi, Inc.
5211 Robinson Drive
Alexandria, LA 71301
RE: The tariff classification of a 100% modacrylic dyed plain
woven fabric and a weft knit fabric from China.
Dear Ms. Levy:
In your letter dated January 3, 1995 you requested a
classification ruling.
Two samples of fabric were submitted with your request for a
ruling. The first, designated as AB woven fabric, is a plain
woven fabric composed of 100% modacrylic staple fiber. Laboratory
analysis indicates that this item contains 27.55 warp ends per
centimeter and 18.1 filling picks per centimeter. The fabric is
constructed using 32/2 c.c. yarns in both the warp and the
filling. Weighing 188 g/m2, this product will be imported in
96.5 centimeter widths. Based on the data developed by the
Customs' laboratory, the average yarn number for this fabric has
been calculated to be 48 in the metric system. Your
correspondence indicates that besides being dyed a single uniform
color, the modacrylic fiber has been treated with copper sulfate.
This product has been designed to resist bacterial growth.
The second sample, designated as AB knit, is a weft knit
fabric composed of 64.8% cotton and 35.2% staple modacrylic
fiber. It is constructed using 32/1 c.c. yarns. This fabric
weighs 110 g/m2 and will be imported in 66 centimeter widths.
The modacrylic fiber in each yarn has been dyed green and treated
with copper sulfate. As in the woven fabric the treated
modacrylic fiber has antibacterial properties.
The applicable subheading for the AB woven fabric will be
5512.29.0020, Harmonized Tariff Schedule of the United States
(HTS), which provides for woven fabrics of synthetic staple
fibers, containing 85 percent or more by weight of synthetic
staple fibers, containing 85 percent or more by weight of
acrylic or modacrylic staple fibers, other, other, sheeting. The
duty rate will be 16.5 percent ad valorem.
The applicable subheading for the AB knit fabric will be
6002.92.9000, HTS, which provides for other knitted or crocheted
fabrics, other, of cotton, other. The duty rate will be 13.6
percent ad valorem.
The AB woven fabric falls within textile category
designation 613 while the AB knit fabric falls within textile
category designation 222. Based upon international textile trade
agreements products of China are subject to quota and the
requirement of a visa.
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. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport