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NY 884967




April 26, 1993

CLA-2-58:S:N:N6:351 884967

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.84.0090, 5407.94.2090, 5801.35.0010

Mr. Raul Gonzalez
Arturo G. Vela, Customhouse Broker
1705 Market St.
Laredo, TX 78043

RE: The Tariff Classification of Pile Fabric and Woven Fabric from Mexico.

Dear Mr. Gonzalez:

In your letter dated April 6, 1993, on behalf of Telas Damar S.A. De C.V., you requested a classification ruling.

You have submitted five samples. You state that all five of the fabrics will be used for upholstery purposes. Samples #1, #2, and #3, are woven velvets. You state that they are of warp pile construction with the pile composed wholly of acrylic. Sample #1 is transfer printed. Sample #3 is backed with a material composed of 22.61% resin, 2,02% thickening compound and 75.37% calcium carbonate. It remains, however, a pile fabric. All three samples are over 271 grams per square meter.

Samples #4 and #5 are woven fabrics which are not of pile construction. They are jacquard woven and transfer printed. Sample #4 is composed of 51% polyester filament and 49% cotton. Sample #5 is composed of 51% polyester filament and 49% acrylic.

The applicable subheading for samples #1, #2 and #3 will be 5801.35.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics... of man-made fibers, warp pile fabrics. cut, over 271 grams per square meter. The duty rate will be 19.5 percent ad valorem.

The applicable subheading for sample #4 will be 5407.84.0090, HTS, which provides for woven fabric of synthetic filament yarn ...containing less than 85% of synthetic filament yarn mixed mainly or solely with cotton, printed, other. The duty rate will be 17 percent ad valorem.

The applicable subheading for sample #5 will be 5407.94.2090, HTS, which provides for woven fabrics of synthetic filament yarn ... other woven fabric, printed, other. The duty rate will be 17 percent .

Samples #1, #2, and #3 fall within textile category designation 224. Sample #4 and #5 fall within textile category designation 629. Based upon international textile trade agreements, products of Mexico are presently subject to quota and the requirement of a visa.

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,


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