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

Mr. Scott Stoppa
SBA Consolidators
Customhouse Brokers
175-52 148TH Road
Jamaica, NY 11434

RE: The tariff classification of a polyester brushed warp knit fabric from China

Dear Mr. Stoppa:

In your letter received January 10, 2016, you requested a tariff classification ruling on behalf of your client, Oxco, Inc. A sample was provided.

Style# A138MFE9BRBR1 is a soft knit fabric. Although your original request and subsequent correspondence described this fabric as being of warp knit looped pile construction, U.S. Customs and Border Protection (CBP) laboratory analysis finds that this dyed polyester fabric, weighing 143.6 g/m2, is not of pile construction, but rather is a fabric of warp knit construction which has been brushed, napped or sanded. Your correspondence indicates that the fabric will be imported in widths of approximately 132 to 162 centimeters.

The applicable subheading for fabric Style# A138MFE9BRBR1 will be 6005.32.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: of synthetic fibers: dyed, other, 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 [email protected].

Sincerely,

Deborah C. Marinucci
Acting Director
National Commodity Specialist Division