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

Mr. Kevin Maher
C-Air Customhouse Brokers
181 S. Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a circular weft knit fabric of man-made and fiberglass yarns, from China

Dear Mr. Maher:

In your letter dated June 23, 2014, on behalf of your client, Precision Custom Coatings, you requested a tariff classification ruling. A representative sample was submitted with your ruling request. The sample is being returned at your request, less those portions destroyed in testing or retained for file purposes.

Style RIB34 Fireflex is an off-white circular knit fabric; the sample provided measures approximately 43 inches in width in its flattened state. According to the information provided in your original submission and subsequent contact, this fabric is of weft knit interlock construction, is the unbleached greige state, and is composed of 40% fiberglass, 24% rayon, 24% modacrylic and 12% polyester. You state that this fabric weighs 176.0 g/m2 and will be imported in widths of 38 inches. Your correspondence indicates that this fabric will be used as an interior fire barrier in the manufacture of foam mattresses. The applicable subheading for Style RIB34 Fireflex will be 6006.31.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other knitted or crocheted fabrics: of synthetic fibers: unbleached or bleached, of double knit or interlock construction: other. The rate of duty will be 10% 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 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.

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 maribeth.dunajski @cbp.dhs.gov.

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division