The tariff classification of three narrow warp knit elastic fabrics and one nonwoven fabric from China

N251124 November 4, 2014 CLA-2-60:OT:RR:NC:N3:352 CATEGORY: Classification TARIFF NO.: 5603.11.0090; 6002.90.8080 Ms. Tonja Davenport Dollar General Corporation 100 mission Ridge Goodlettsville, TN 37072-2170 RE: The tariff classification of three narrow warp knit elastic fabrics and one nonwoven fabric from China Dear Ms. Davenport: In your letter dated February 21, 2014, you requested a tariff classification ruling. Samples of the four fabrics were provided. Your samples are being returned at your request, less those portions destroyed in testing or retained for file purposes. Style 367 is described as “Iron-On Fabric Bond.” U.S. Customs and Border Protection (CBP) laboratory analysis indicates that this is a fabric of nonwoven construction, composed wholly of nylon filament fibers, and weighs 15.2 g/m2. Your letter states that this fabric will be imported in retail packaging in pieces ¾ inches in width and 15 yards in length, and can be used for bonding hems, trims, laces and more. The applicable subheading for Style 367 will be 5603.11.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nonwovens, whether or not impregnated, coated, covered or laminated: of man-made filaments: weighing not more than 25 g/m2, other. The rate of duty will be Free. Style 832 is described as “3 Piece Elastic.” U.S. Customs and Border Protection (CBP) laboratory analysis of the three fabrics indicates that these fabrics are of warp knit construction with inserted yarns, composed of 69.8% - 71.6% polyester yarns and 28.4% - 30.2% rubber threads, weighing 432.4 – 446.3 g/m2. Your letter states that these fabrics will be imported in retail packaging containing three hanks of narrow elastic fabric, ¼ by 108 inches, ½ by 54 inches, and ¾ by 36 inches, and can be used in clothing in waistbands, legbands, neckbands, etc. The applicable subheading for Style 832 will be 6002.90.8080, HTSUS, which provides for knitted or crocheted fabrics of a width not exceeding 30 centimeters, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other than those of heading 6001, other, other, other. The rate of duty will be 8 percent 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 maribeth.dunajski @ cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division