CLA-2-60:OT:RR:NC:N3:352
Ms. Colleen O’Shea-Moran
Darice, Inc.
13000 Darice Parkway, Park 82
Strongsville, Ohio 44149
RE: The tariff classification of a narrow stitch-bonded fabric of man-made fibers, from China
Dear Ms. O’Shea-Moran:
In your letter dated August 15, 2013, on behalf of Lamrite West, Inc., you requested a tariff classification ruling. Your sample is being returned as requested, less those portions destroyed in testing or retained for file purposes.
The sample, identified as Stretchy Wrap, is a narrow dyed fabric. The fabric is characterized by an assemblage of staple fibers forming a web or batt, which has been stitch-bonded with a series of approximately 27 parallel rows of warp knit chain stitches stitching running in the warp direction; it exhibits a stretch in the warp direction but not in the weft direction. According to your submission, this fabric is made of “50% polyester staple fiber, 5% spandex, 45% nature glue” and weighs 65 g/m2. Your correspondence states that the fabric will be imported in rolls four meters long and approximately 7 cm wide, and will be used for floral decorating.
Chapter 60, Harmonized Tariff Schedule of the United States, (HTSUS), provides for knitted or crocheted fabrics. Note 3 to Chapter 60 states that “throughout the tariff schedule any reference to “knitted” goods includes a reference to stitch-bonded goods in which the chain stitches are formed of textile yarn.”
In addition, General Note (A) to Chapter 60 of the Explanatory Notes (EN) to the Harmonized Tariff Schedule, ruled to be the official interpretation of the Harmonized Code at the international level, states in part that Chapter 60 covers textile fabrics which are manufactured by the production of a series of interlinking loops. In general, these goods comprise weft knits and warp knits. The warp knits further include:
(1) Stitch bonded goods, provided they have chain stitches formed by textile yarn.
The stitch bonding process uses a machine similar to a warp knitting machine which operates with pointed, open hooked needles (sliding needles) and heald wire. These needles make it possible to form stitches with textile yarns which produce fabrics from a web of textile fibres or one or more layers of textile yarns, or from a ground of, for example, a woven fabric or a sheet of plastics. In some cases, the stitches may form or fix a pile (whether or not cut). Quilted products assembled by stitch bonding are excluded (heading 58.11).
In your submission you suggest classification as a nonwoven textile fabric under subheading 5603.12.0010 of the HTSUS. However, classification under that subheading is precluded, as the subject fabric meets the definition of stitch-bonded fabric as described above.
We note that the amount of elastomeric fiber claimed to be in this fabric is 5% by weight, which is the cutoff point for this classification. Even a slight change in the fiber content percentages may result in a change in classification for this fabric. Goods are subject to Customs laboratory analysis at time of importation, and may be reclassified by Customs at that time if the results differ from those obtained from the instant sample.
The applicable subheading for Stretchy Wrap will be 6002.40.8080 , 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 rate of duty will be 8% 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 (646) 733-3045.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division