CLA-2-60:OT:RR:NC:TA:352
Mr. Lawrence S. Wangler
McKinley International Corp.
P.O. Box 2038
Coppell, Texas 75019
RE: The tariff classification of a nylon/spandex blend weft knit tubular fabric from China.
Dear Mr. Wangler:
In your letter dated July 25, 2008, on behalf of your client Chippenhook Corp., you requested a classification ruling.
The submitted sample is a weft knit tubular fabric composed of 92% nylon and 8% spandex. This jersey knit fabric is dyed a single uniform color and will be imported in 60 centimeter lengths. The tubular fabric is 9 centimeters in diameter when measured in the flattened condition. Your correspondence indicates that this product will be used in the manufacture of necklaces.
Your letter indicates that you believe that this item is classifiable as a made up textile article in subheading 6307.90.9889, HTS. Classification in this subheading is not possible. Note 1 to chapter 63 states that “subchapter 1 applies only to made up articles of any textile material”. Note 7 to Section XI defines the expression “made up” for the purposes of Section XI. The weft knit tubular fabric which you intend to import does not meet the definition for “made up” as it is defined in Note 7 and therefore this product is excluded from classification in subheading 6307.90.9889, HTS.
The applicable subheading for the weft knit tubular fabric will be 6002.40.8080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knitted or crocheted fabrics of a width not exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other than those of heading 6001, containing by weight 5 percent or more of elastomeric yarn but not containing rubber thread, other, other. The duty rate will be 8 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/.
This fabric falls 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.
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