CLA-2-60:OT:RR:NC:N3:352

Mr. Wai AuYoung
A.C.T Logistics
253-10 Northern Boulevard
Little Neck, NY 11362

RE: The tariff classification of four brushed polyester warp knit fabrics from China

Dear Mr. AuYoung:

In your letter dated June 09, 2016, you requested a tariff classification ruling on behalf of Luxury Fabrics. Four samples were provided and sent for laboratory analysis.

Luxury Fabrics Patterns #2110 Black, #2112, #2114 and #2110 White are described as “100% Polyester Knitted Brushed Velour Inherited Flame Retardant,” and are characterized by a soft feel on one side of the fabric. U.S. Customs & Border Protection (CBP) laboratory analysis of each sample was conducted. Patterns #2110 Black, #2112, #2114, and #2110 White are composed wholly of polyester yarns and weigh 208.6 g/m2, 299.8 g/m2, 486.2 g/m2 and 215.8 g/m2, respectively. Each is of warp knit construction. Patterns #2110 Black, #2112, #2114 are dyed a single uniform color other than white, while #2110 White is bleached. Each sample has been brushed or napped on one side. You state that Patterns #2110 Black, #2112, #2114, and #2110 White will be imported in widths of 157 cm, 156 cm 156 cm, and 157 cm, respectively.

The applicable subheading for Patterns #2110 Black, #2112, and #2114 will be 6005.37.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: Of synthetic fiber: Other, dyed: Other: Other. The rate of duty will be 10% ad valorem.

The applicable subheading for Pattern #2110 White will be 6005.36.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: Of synthetic fiber: Other, unbleached or bleached: Other: Other. The rate of duty will be 10% 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 ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.

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 Maribeth Dunajski at [email protected].

Sincerely,


Steven A. Mack
Director
National Commodity Specialist Division