CLA-2-60:OT:RR:NC:N3:352
Mr. Brett Stewart
Michaels Stores, Inc.
8000 Bent Branch Drive
Irving, Texas 75063
RE: The tariff classification of a jute/nylon/polyester narrow open-work warp knit fabric, from China
Dear Mr. Stewart:
In your letter dated March 25, 2013, you requested a tariff classification ruling. One sample was submitted with your ruling request.
The submitted sample, SKU #10275742, is a narrow knit fabric, measuring approximately 3.8 inches (10 cm) in width. U.S. Customs and Border Protection (CBP) laboratory analysis indicates that this fabric is of warp knit open-work construction, composed of 71.7% one-ply jute yarn, 13.6 % metal wire, 12.4 % textured multifilament nylon yarn and 2.3% monofilament polyester yarn, weighing 97.2 g/m2. The nylon yarn in this fabric forms columns of chain stitches in the warp direction, which are laterally connected by jute yarn inlays. The polyester monofilament is laid-in within the fabric chains, while the metal wire is inserted in both selvedges. Initial and subsequent correspondence indicate that this fabric will be imported for retail sale in 3-yard rolls, and will be used for floral arrangements.
In your submission you suggest classification as a net fabric under subheading 5804.10.9090, Harmonized Tariff Schedule of the United States (HTSUS). However, CBP lab analysis indicates that this fabric is of knit construction; heading 5804 does not encompass woven, knitted or crocheted fabrics.
The applicable subheading for SKU #10275742 will be 6003.90.1000, HTSUS, which provides for knitted or crocheted fabrics of a width not exceeding 30 centimeters, other than those of heading 6001 or 6002, other, open-work fabrics, warp knit. The rate of duty will be 14.1% 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).
This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by Customs.
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 [email protected].
Sincerely,
Gwenn K. Kirschner
Acting Director
National Commodity Specialist Division