The tariff classification of narrow circular warp knit fabric from Taiwan

NY D89200 March 15, 1999 CLA-2-60:RR:NC:TA:351 D89200 CATEGORY: Classification TARIFF NO.: 6002.20.1000 Ms. Eloise Michel Seino America, Inc. 801 S.W. 16th Street, Suite 124 Renton, WA 98055 RE: The tariff classification of narrow circular warp knit fabric from Taiwan Dear Ms. Michel: In your letter dated March 9, 1999, you requested a classification ruling. You submitted a sample of what you called textile roping. You described it as a rope which you claim is made by twisting. Examination of the sample reveals it to be a length of circular warp knit open work fabric measuring approximately 1/2 inch in diameter. You state that this item is being imported in four styles as follows: Style RB439 - gold rope 1/2" Style RB504 - silver rope 1/2" Style RB441 - gold rope - 1/4" Style RB442 - silver rope 1/4" You state that the fiber content for styles RB 439, 441 and 504 are 45 percent polyester and 55 percent metallic, and that the fiber content for RB442 is 65 percent polyester and 35 percent metallic. The sample, style RB439, is polyester yarn which is completely covered by the metallic material. For purposes of this ruling, we will assume that all of the styles are similar in that they all are polyester completely coated with metallic material. Please note that a yarn that contains any amount of metal is regarded in its entirety as "metalized yarn" for tariff purposes. Thus, the determination of which textile material predominates by weight is based not on the actual weight of metal, but on the actual weight of all yarns that contain metal. In this instance it appears that all of the yarns contain metal and therefore, the fabrics are all 100 percent metalized fiber. The applicable subheading for the narrow knit fabrics will be 6002.20.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, other, of a width not exceeding 30 cm, open-work fabrics, warp knit. The duty rate will be 15 percent ad valorem. The knit fabric falls within textile category designation 229. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. 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 Camille Ferraro at 212-637-7086. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division