CLA-2-60:OT:RR:NC:TA:352

Mr. Thomas Tran
ML Kishigo Manufacturing
2901 S. Daimler Street
Santa Ana, CA 92705

RE: The tariff classification of a polyester/cotton blend dyed plain woven fabric and two 100% polyester dyed weft knit fabrics from China or Taiwan.

Dear Mr. Tran:

In your letter dated December 27, 2007 you requested a classification ruling.

Three samples of fabric accompanied your request for a ruling. The sample designated as “Fabric B” is a dyed weft knit fabric composed of 100% polyester. This product is characterized by a “birdseye” design that has been knitted into the fabric. The double knit fabric weighs 180 g/m2 and will be imported in 152 centimeter widths. The sample designated as “Fabric C” is a dyed weft knit fabric of single knit construction. This knit jersey fabric is composed of 100% polyester. Weighing 190 g/m2, this product will be imported in 152 centimeter widths.

The applicable subheading for the weft knit fabric designated as “Fabric B” will be 6006.32.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other knitted or crocheted fabrics, of synthetic fibers, dyed, of double knit or interlock construction, of polyester. The duty rate will be 10 percent ad valorem.

The applicable subheading for the weft knit fabric designated as “Fabric C” will be 6006.32.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other knitted or crocheted fabrics, of synthetic fibers, dyed, 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/.

Both weft knit fabric designated as “Fabric B” and “Fabric C” fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

Your inquiry does not provide enough information for us to give a classification ruling on the dyed woven fabric designated as “Fabric A”. Your request for a classification ruling should include the data elements listed below. 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.

Information Required For The Classification Of Woven Fabrics Of Man-Made Fibers

Please provide the generic name of each fiber in the fabric and indicate its relative weight treating staple and filament fibers of the same generic fiber as separate materials. For example:

25% staple polyester 24% filament polyester 20% staple acrylic 21% filament polypropylene 10% staple polypropylene.

Provide the width of the fabric in centimeters.

Provide the weight of the fabric in grams per square meter.

Provide the number of single yarns per centimeter in the warp and the number of single yarns per centimeter in the filling.

Provide the yarn sizes in the warp and filling including the number of plies forming each yarn.

If containing filament yarns indicate whether the yarns are textured or non-textured.

If containing filament yarns specify whether yarns are high tenacity and if high tenacity indicate the tenacity in centinewtons per tex.

If containing staple yarns indicate whether the yarns are combed or carded.

Specify the weave employed in producing the fabric. For example: plain, twill, satin, jacquard, pique, dobby, lappet, etc.

Provide the number of turns per meter in each type of yarn present in the fabric.

Indicate the type of loom used to weave the fabric. For example dobby, jacquard etc.

Specify the trade name and style name and number by which the fabric is designated.

Indicate whether the fabric is unbleached, bleached, dyed, composed of yarns of different colors and/or printed.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division