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NY C82842





May 22, 1998

CLA-2-58:RR:NC:TA:352 C82842

CATEGORY: CLASSIFICATION

TARIFF NO.: 5809.00.0000

Ms. Marian Clare
Airport Clearance Service, Inc.
55 Inip Drive
Inwood, NY 11096

RE: The tariff classification of metallic/polyester blend woven fabric from India.

Dear Ms. Clare:

In your letter dated December 19, 1998, on behalf of your client Horizon Fabrics, Inc., you requested a classification ruling.

The submitted sample is a jacquard woven fabric characterized by a reversible design featuring a heart motif. Laboratory analysis indicates that this fabric is composed of 55.8% metalized yarn and 44.2% filament polyester. Weighing 62.6 g/m2, this product will be imported in approximately 107 centimeter widths.

The applicable subheading for the jacquard woven fabric will be 5809.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of metal thread and woven fabrics of metalized yarn of heading 5605, of a kind used in apparel, as furnishing fabrics or for similar purposes, not elsewhere specified or included. The duty rate will be 16.2 percent ad valorem.

This fabric falls within textile category designation 229. Based upon international textile trade agreements products of India 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,

Robert B. Swierupski
Director,

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