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NY 874008


May 12, 1992

CLA-2-58:S:N:N3H:352 874008

CATEGORY: CLASSIFICATION

TARIFF NO: 5809.00.0000

Mr. Peter Weinrauch
Import Commodity Group Ltd.
156-15 146th Avenue, Suite 314
Jamaica, New York 11434

RE: The tariff classification of a nylon/metalized yarn woven fabric from Japan.

Dear Mr. Weinrauch:

In your undated correspondence received in this office on April 30, 1992, on behalf of your client Nipkow & Kobelt, you requested a tariff classification ruling.

You have submitted a sample of embossed plain weave taffeta fabric. Laboratory analysis indicates that this merchandise is composed of 50.6% metalized yarn and 49.4% filament nylon. It contains 49 single yarns per centimeter in the warp and 22.5 single yarns per centimeter in the filling. The fabric weighs 35.8 g/m2 and is manufactured with yarns of different colors. It is constructed using 30 denier nylon yarns in the warp and 67 denier metalized yarns in the filling. The fabric will be imported in 112/113 centimeter widths.

The applicable subheading for the woven fabric will be 5809.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of metal thread and woven fabrics of metalized yarn of heading 5605, of a kind used in apparel as furnishing fabrics or for similar purposes, not elsewhere specified or included. The rate of duty will be 17 percent ad valorem.

The embossed woven fabric falls within textile category designation 229. Based upon international textile trade agreements, products of Japan 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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