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NY 899292





June 22, 1994

CLA-2-55:S:N:N6:352 899292

CATEGORY: CLASSIFICATION

TARIFF NO.: 5514.11.0030

Mr. Eric T. Buchanan
D.J. Powers Co., Inc.
P.O. Box 9239
Savannah, GA 31412-9239

RE: The tariff classification of a 65% polyester/35% cotton plain woven fabric from Taiwan.

Dear Mr. Buchanan:

In your letter dated June 14, 1994, on behalf of your client Tara Designs, you requested a classification ruling. As requested in your correspondence the sample that you submitted is being returned to you.

The submitted sample is a greige plain woven fabric composed of 65% staple polyester and 35% cotton. It contains 23.6 warp ends per centimeter and 21.6 filling picks per centimeter. The fabric is constructed using 30/2 c.c. yarns in both the warp and the filling. Laboratory analysis indicates that this product weighs 195.6 g/m2. It will be imported in 196 centimeter widths. Based on the information provided and the data developed by laboratory analysis, the average yarn number for this item has been calculated to be 46 in the metric system.

The applicable subheading for the greige plain woven fabric will be 5514.11.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2, unbleached or bleached, of polyester staple fibers, plain weave, sheeting, not napped. The duty rate will be 17 percent ad valorem.

This plain woven fabric falls within textile category designation 613. 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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