CLA-2-60:OT:RR:NC:TA:352
Ms. Ellen Dano
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP
399 Park Avenue, 25th Floor
New York, NY 10022-4877
RE: The tariff classification of a polyester warp knit cut pile fabric bonded to a woven backing fabric from China
Dear Ms. Dano:
In your letter dated June 7, 2010, on behalf of your client H.M. Richards, Inc., you requested a tariff classification ruling. The sample is being returned to you as requested.
The submitted sample is a bonded fabric identified as style no. 4078-58 Vincent Scotch. You state that the face fabric is a warp knit fabric composed of 100% polyester, weighing approximately 240 g/m2. Follow-up information indicated that the face fabric contains a warp pick count of 59.69 stitches per inch. The backing fabric is of plain weave construction and weighs approximately 120 g/m2. The total weight of the bonded fabric is approximately 360 g/m2. The face fabric is characterized by a chevron pattern highlighting parallel rows of a deep lush cut pile surface. The adhesive that bonds these fabrics together is not visible in cross section. The fabric detail sheet provided indicates that this fabric has a width of 1.4 meters.
Note 1 to chapter 60 states in part that this chapter does not cover:
(c) Knitted or crocheted fabrics, impregnated, coated, covered or laminated, of chapter 59. However, knitted or crocheted pile fabrics, impregnated, coated, covered or laminated, remain classified in heading 6001.
Since the instant fabric is a laminated fabric but incorporates a knit pile fabric, Note 1(c) to chapter 60 specifically includes it within the scope of heading 6001.
The applicable subheading for style no. 4078-58 Vincent Scotch will be 6001.92.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted: other: of man-made fibers, other: velour. The rate of duty will be 17.2%.
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).
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,
Robert B. Swierupski
Director
National Commodity Specialist Division