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

Mr. Brian Cook
Coolcore LLC
19 Commons Avenue, Box 11
Windham, ME 04062

RE: The tariff classification of three polyester blend weft knit fabrics from China

Dear Mr. Cook:

In your letter dated October 3, 2011, you requested a tariff classification ruling. The three samples were provided and sent to the CBP laboratory for analysis. Subsequent information provided indicated that these fabrics will be used for producing sample swatches and will ultimately be used for manufacturing various apparel items.

The first item is identified as Pique Mesh Cooling Fabric #NV004 and described as a circular weft knit fabric composed of 80% polyester and 20% polyamide. CBP laboratory analysis indicates that the sample is of double weft knit construction and composed wholly of polyester. According to the information provided, this fabric weighs 140 g/m2 and will be imported in 160 centimeter widths.

The second item is identified as Cooling Fabric #NV008 and described as a circular weft knit fabric composed of 76% polyester, 19% polyamide and 5% Spandex. CBP laboratory analysis indicates that the sample is of double weft knit construction and composed of 88.9% polyester and 11.1% elastomeric yarns. According to the information provided, this fabric weighs 380 g/m2 and will be imported in 160 centimeter widths.

The third item is identified as Cooling Fabric #NV009 and described as a circular weft knit fabric composed of 76% polyester, 29% polyamide and 5% Spandex yarns. CBP laboratory analysis indicates that the sample is of jersey weft knit construction and composed of 92.9% polyester and 7.1% elastomeric yarns. According to the information provided, this fabric weighs 190 g/m2 and will be imported in 160 centimeter widths.

The applicable subheading for Item #NV004, if bleached or unbleached, will be 6006.31.0040, HTSUS, which provides for other knitted or crocheted fabrics: of synthetic fibers: unbleached or bleached, of double knit or interlock construction: of polyester. The rate of duty will be 10% ad valorem.

The applicable subheading for Item #NV004, if dyed, will be 6006.32.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other knitted or crocheted fabrics: of synthetic fibers: dyed, of double knit or interlock construction: of polyester. The rate of duty will be 10% ad valorem.

The applicable subheading for Items #NV008 and #NV009 will be 6004.10.0085, HTSUS, which provides for knitted or crocheted fabrics of a width 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. The rate of duty will be 12.3% 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 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 (646) 733-3045.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division