CLA-2-60:RR:NC:TA:352 H88320

Ms. Susan Shibish
Weekenders International
75 Frontenac Drive
Markham, Ontario, Canada L3R 6H2

RE: The tariff classification of two weft knit fabrics from Canada.

Dear Ms. Shibish:

In your letter dated February 26, 2002 you requested a tariff classification ruling.

Two samples of weft knit fabric accompanied your request for a ruling. The first, designated as style 3495 “Herringbone”, is a double knit fabric composed of 45% polyester, 29% cotton and 26% acetate. It is characterized by having been constructed with yarns of different colors and is double knit in such a way that one side of the fabric exhibits a herringbone design created by the use of a black yarn. Weighing 17 to 18 ounces per linear yard, this weft knit product will be imported in 158 centimeter widths.

Style 3502 “Glamour” is a dyed double knit fabric composed of 94% acetate and 6% spandex. Weighing 12.5 to 13 ounces per linear yard, this weft knit fabric will be imported in 167 centimeter widths.

The applicable subheading for the double knit fabric designated as style 3495 “Herringbone” will be 6006.33.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of synthetic fibers, of yarns of different colors, of double knit or interlock construction, of polyester. The rate of duty will be 10.8 percent ad valorem.

The applicable subheading for the double knit fabric designated as style 3502 “Glamour” will be 6004.10.0085, Harmonized Tariff Schedule of the United States (HTS), which provides for knitted or crocheted fabrics of a width exceeding 30 centimeters, 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. The rate of duty will be 12.6 percent ad valorem.

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 Alan Tytelman at 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division