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NY A84153




June 11, 1996

CLA-2-54:RR:NC:TP:352 A84153

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.51.0020

Ms. Jennie Feng
Fabtex Inc.
1980 Wright Avenue
La Verne, CA 91750

RE: The tariff classification of 100% textured filament polyester woven fabric from Taiwan.

Dear Ms. Feng:

In your letter dated may 23, 1996 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style 75PONGEE, is a plain woven fabric composed of 100% textured filament polyester. It is constructed using 75 denier yarns with virtually no twist in both the warp and filling. This fabric contains 43.3 single yarns per centimeter in the warp and 27.6 single yarns per centimeter in the filling. Weighing 64.75 g/m2, we presume that this fabric will be imported in widths exceeding 30 centimeters. You correspondence indicates that the fabric has been dyed white.

The sample designated as style 150PONGEE is a plain woven fabric composed of 100% textured filament polyester. It is manufactured using 150 denier yarns with virtually no twist in both the warp and filling. This fabric contains 25.6 single yarns per centimeter in the warp and 21.7 single yarns per centimeter in the filling. This item weighs 94 g/m2. We presume that this product will be imported in widths exceeding 30 centimeters. Your letter indicates that the sample has been dyed white.

The applicable subheading for both plain woven fabrics will be 5407.51.0020, 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, unbleached or bleached, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 16.6 percent ad valorem.

These woven fabrics fall within textile category designation 619. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

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. 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 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 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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