CLA-2-60:S:N:N3H:351 868839
Ms. Patricia Farrell
Export-Import Services, Inc.
40 Rector Street, Suite 1910
New York, N.Y. 10006
RE: The tariff classification of knitted fabrics from China.
Dear Ms. Farrell:
In your letter dated November 10, 1991 (received in our
office on November 18, 1991), on behalf of USA Classic Inc. you
requested a tariff classification ruling.
Four samples of bleached, knitted fabrics accompanied your
correspondence. the first sample, a 100% cotton jersey, is of
weft knit construction. the second sample, a 100% cotton knitted
fleece, can not be ruled upon without more information about the
construction of the fabric. After we receive a Customs'
laboratory report on this item, a ruling will be issued to you
under our control number NY 868872.
The third sample is a 2x2 rib knit fabric of weft knit
construction. In your letter, you stated that this rib knit fabric is
made of 95% cotton fibers and 5% Lycra (spandex). Please note that
even a slight variation in the weight breakdown between the cotton and
the elastomeric yarn may affect the classification of this
merchandise. The fourth sample is a weft (1x1 rib) knit fabric made of
100% cotton. We assume that all of the fabrics will be imported in
widths of 30 centimeters (cm) or more and in continuous lengths. The
sample swatches of fabrics, except the fleece, will be returned to
you.
The applicable subheading for the first and fourth samples, 100%
cotton weft knit fabrics, will be 6002.92.0000, Harmonized Tariff
Schedule of the United States (HTS), which provides for other knitted
or crocheted fabrics, other, of cotton. The rate of duty will be 14
percent ad valorem.
The third sample, a 95% cotton/5% Lycra rib knit fabric, will be
classifiable under the provision for other knitted or crocheted
fabrics, of a width exceeding 30 cm, containing by weight 5 percent or
more of elastomeric yarn or rubber thread, containing elastomeric yarn,
in subheading 6002.30.2000, HTS. The rate of duty will be 14 percent
ad valorem.
The three knit fabrics fall within textile category designation
222. Based upon international textile trade agreements, products of
China are subject to the requirement of a visa and quota restraints.
The designated textile and apparel category 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 (Restraints 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