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NY C85081




March 11, 1998

CLA-2-54:RR:NC:TA:352 C85081

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9955

Mr. Kenneth Ree
Nohemy Customs Broker
11222 La Cienega Blvd., Suite 135
Inglewood, CA 90304

RE: The tariff classification of plain woven polyester fabric from the Philippines.

Dear Mr. Ree:

In your letter dated February 25, 1998, on behalf of your client R Tex Enterprises, Inc., you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 99% non-textured filament polyester and 1% filament rayon. The fabric has been cross dyed resulting in a fabric which contains yarns of different colors. It contains 23.2 warp ends per centimeter and 20.5 filling picks per centimeter. Weighing approximately 189 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for the plain woven fabric will be 5407.61.9955, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, of yarns of different colors, weighing more than 170 g/m2. The duty rate will be 16.2 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of Philippines 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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