CLA-2-60:RR:NC:TA:352 H89240

Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, OH 44236

RE: The tariff classification of two weft knit fabrics from Taiwan.

Dear Ms. O’Shea-Moran:

In your letter dated March 11, 2002 you requested a classification ruling.

Two samples of weft knit fabric accompanied your request for a ruling. The first, designated as style WD431-1 “Mohair Knit” is a weft knit fabric of single knit construction. It is characterized by a textured surface created by inserting boucle yarns during the knitting process. Although the loops from the boucle yarns project above the surface of the fabric, this construction is not considered a pile construction. This fabric is composed of 80.9% acrylic, 14.6% polyester and 4.5% nylon. It is constructed using yarns of different colors. Weighing 231.3 g/m2, this product will be imported in 150 centimeter widths.

Style SY110603 “T/T/C Fleece”, is a weft knit fabric of loop pile construction. It is characterized by having a fibrous textured surface on one side created by brushing of the inserted pile yarns. This fabric is constructed using dyed yarns and is composed of 88.1% polyester and 11.9% cotton. The pile yarns are composed of 70.1% polyester and 29.9% cotton. Weighing 242.4 g/m2, this item will be imported in 150 centimeter widths.

The applicable subheading for the weft knit fabric designated as style WD431-1 “Mohair Knit” will be 6006.33.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of synthetic fibers, of yarns of different colors, other. The duty rate will be 10.8% ad valorem.

The applicable subheading for the weft knit pile fabric designated as style SY110603 “T/T/C Fleece” will be 6001.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The duty rate will be 17.7 percent ad valorem.

The weft knit pile fabric designated as style SY110603 “T/T/C Fleece” falls within textile category designation 224. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa. The fabric designated as style WD431-1 is not subject to either quota restrains or visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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