The tariff classification of an unbleached or bleached 100% polyester open-work warp knit fabric from China.

NY L87066 September 1, 2005 CLA-2-60:RR:NC:TA:352 L87066 CATEGORY: Classification TARIFF NO.: 6005.31.0010 Ms. Jean L. Maltbie Jean D. Duncan Customs Brokers, Inc. P.O. Box 20696/Atlanta Airport Atlanta, Georgia 30320 RE: The tariff classification of an unbleached or bleached 100% polyester open-work warp knit fabric from China. Dear Ms. Maltbie: In your letter dated August 25, 2005, on behalf of your client Unitex International, Inc., you requested a classification ruling. The submitted sample, designated as item 60” Mesh, is an unbleached or bleached warp knit fabric composed of 100% filament polyester. It is characterized by an open-work mesh construction featuring oval openings measuring 3 millimeters by 5 millimeters distributed evenly over the whole surface of the fabric. This product has been constructed using 100 denier filament polyester yarns. Weighing 110 g/m2, this fabric will be imported in 154 centimeter widths. Your correspondence indicates that you believe that this fabric may be classifiable in subheading 5804.10.1000, HTS, under the provision for tulles and other net fabrics, not including woven, knitted or crocheted fabrics. Classification in this subheading is not possible. Since the terms of the heading specifically exclude knit fabrics and the fabric designated as 60” Mesh is a knit fabric, classification in subheading 5804.10.1000 is barred. The applicable subheading for the warp knit fabric designated as 60” Mesh will be 6005.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for warp knit fabrics (including those made on galloon knitting machines) other than those of heading s 6001 to 6004, of synthetic fibers, unbleached or bleached, open-work fabrics. The duty rate will be 10 percent ad valorem. This fabric falls within textile category designation 229. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov. 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 646-733-3945. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division