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NY 868354


November 19, 1991

CLA-2-54:S:N:N3H:352 868354

CATEGORY: CLASSIFICATION

TARIFF NO: 5407.52.2020

Mr. Feliz A. Chambers
Samsonite Corporation
11200 East 45th Avenue
Denver, C0 80239-3018

RE: The tariff classification of textured polyester woven fabric from Taiwan.

Dear Mr. Chambers:

In your letter dated October 23, 1991, you requested a tariff classification ruling.

You have submitted two samples of plain woven fabric. Both samples are identical and vary only in the single uniform color it has been dyed. One sample color is identified as "light elephant" and the other as "slate". The fabric is composed of 100% textured polyester. It is constructed using 150 denier yarns in both the warp and the filling and weighs 141 g/m2. This product contains approximately 33 warp ends per centimeter and 20 filling picks per centimeter. The yarns in this fabric have a twist of less than 472 turns per meter. You indicate that these fabrics will be used in manufacturing linings for attaches.

The applicable subheading for both colors of the textured polyester woven fabric will be 5407.52.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, dyed, other, weighing not more than 170 g/m2, flat fabrics. The rate of duty will be 17 percent ad valorem.

These fabrics fall within textile category designation 619. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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