CLA-2-60:OT:RR:NC:N3:352
Ninetta Wykoff
The Oldham Group
2056 North Republic Street
Springfield, LA 62702
RE: The tariff classification of a two man-made fiber warp knit fabrics from China
Dear Ms. Wykoff:
In your letter dated May 15, 2019, you requested a tariff classification ruling. Two sample swatches, ST-140T/ST-140D and ST-129T/ST-129D, were provided to this office.
Style ST-140T/ST-140D, designated as a “Power Stretch Fabric”, is a dyed warp knit fabric composed of 85 percent polyester and 15 percent spandex. The fabric weighs 270 g/m2. Your letter states that this fabric will be imported in 126-inch widths and will be used for digital printing.
Style ST-129T/ST-129D, designated as a “Premium Knitted Backlit Fabric”, is a dyed warp knit fabric composed wholly of polyester and weighs 270 g/m2. Your letter states that this fabric will be imported in 126-inch widths and will be used for digital printing.
The applicable subheading for the warp knit fabric style ST-140T/ST-140D will be 6004.10.0025, Harmonized Tariff Schedule of the United States (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: Warp knit: Other. The rate of duty will be 12.3 percent ad valorem. The applicable subheading for the warp knit fabric style ST-129T/ST-129D will be 6005.36.0080, HTSUS, which provides for Warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004: Of synthetic fabrics: Other, unbleached or bleached: Other: Other. The rate of duty will be 10 percent ad valorem.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheadings 6004.10.0025 and 6005.36.0080, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheadings 6004.10.0025 and 6005.36.0080, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 https://hts.usitc.gov/current.
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 Nicole Rosso via email at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division