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NY 802959




December 15, 1994

CLA-2-55:S:N:N6:352 802959

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.83.0090

Vito A. Pipitone
John F. Kilroy Co., Inc.
One World Trade Center, Suite 1569
New York, NY 10048

RE: The tariff classification of a polyester/cotton blend jacquard woven fabric from Peru.

Dear Mr. Pipitone:

In your letter dated October 10, 1994, on behalf of your client Rae Trading Corp., you requested a classification ruling.

The submitted sample is a jacquard woven fabric constructed with yarns of different colors. Laboratory analysis indicates that this product is composed of 53.3% filament polyester and 46.7% cotton. The fabric is manufactured with 14/1 c.c. cotton yarns in the filling and 150 denier filament polyester yarns in the warp. Weighing 181.4 g/m2, this item will be imported in 140 centimeter widths.

The applicable subheading for the jacquard woven fabric will be 5407.83.0090, 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 less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, of yarns of different colors, other. The duty rate will be 17 percent ad valorem.

This jacquard woven fabric falls within textile category designation 629. Based upon international textile trade agreements products of Peru are subject to visa requirements.

The designated textile and apparel categories 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
New York Seaport

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