CLA-2-84:S:N:N1:110 883654

Mr. Gerard T. Kelly
Ferrostaal Corporation
380 Wingo Heights Road
Spartanburg, S.C. 29301

RE: The tariff classification of a circular knitting machine from Germany

Dear Mr. Kelly:

In your letter dated February 23, 1993, you requested a tariff classification ruling. The merchandise under consideration involves a model Albi APL-2 GT terry velour circular knitting machine. This machine was designed primarily for the automotive industry for producing high quality plush fabrics, but can also be used as a substitute for a warp knitted fabric or short loop plush as an alternative to warp velvets and velours.

This circular knitting machine is a 24-inch diameter machine that incorporates 36 feeders and runs at a speed of 22 r.p.m. The APL-2 GT is a single jersey knitting machine that can produce fabric widths of 1300 to 1600 mm. Since the machine puts low tension on the loop yarn, a broader variety of yarns, especially high quality yarns, can be used.

The applicable subheading for the circular knitting machine will be 8447.12.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for circular knitting machines, open-top cylinder machines, with a cylinder diameter exceeding 165 mm. The rate of duty will be 4.2 percent ad valorem.

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