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