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NY B84823





August 6, 1997

CLA-2-54:RR:NC:TA:352 B84823

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.52.2060

Ms. Martha J. Waldner
Unitrans International Corporation
709 S. Hindry Avenue
Inglewood, CA 90301-3005

RE: The tariff classification of 100% polyester woven fabrics from Korea.

Dear Ms. Waldner:

In your letter dated April 14, 1997, on behalf of your client United Fabrics, you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The fabric, designated as style Elizabeth Madam Crepe KBL-5900, is a dyed crepe woven fabric characterized by a mottled pebbly surface texture. Laboratory analysis indicates that this product is composed of 90.6% textured filament polyester and 9.4% staple polyester. It contains 40.7 single yarns per centimeter in the warp and 25.9 single yarns per centimeter in the filling. Weighing 228 g/m2, this fabric will be imported in 150 centimeter widths.

Style Elizabeth Peach Skin KBL-8700 is a dyed plain woven fabric which is composed of 85% textured polyester and 15% staple polyester. It contains 57 single yarns per centimeter in the warp and 29.5 single yarns per centimeter in the filling. Weighing 175 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for both woven fabrics will be 5407.52.2060, 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, dyed, other, weighing more than 170 g/m2. The duty rate will be 16.4 percent ad valorem.

Both these fabrics fall within textile category designation 620. Based upon international textile trade agreements products of Korea 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,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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