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NY C86464




April 20, 1998

CLA-2-54:RR:NC:TA:352 C86464

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9945

Mr. Christopher J. Ryan
Lakeland Industries, Inc.
711-2 Koehler Avenue
Ronkonkoma, NY 11779-7410

RE: The tariff classification of a polyester/carbon blend plain woven fabric from China or Korea.

Dear Mr. Ryan:

In your letter dated April 14, 1998 you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 97% non-textured filament polyester and 3% carbon fiber. While the polyester fiber has been dyed blue the carbon fiber retains its natural brown-black color. A carbon fiber yarn is twisted with a polyester yarn every 20 warp ends and every 20 filling picks creating a checker board like appearance. Weighing 100 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this product will be used to manufacture protective clothing for the electrostatic painting industry which requires the workers to remain electrically neutral so that the charge on the paint particles and the charge on the object to be painted is not disrupted.

The applicable subheading for the woven fabric will be 5407.61.9945, 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 not more than 170 g/m2, flat fabrics. The duty rate will be 16.2 percent ad valorem.

This fabric falls within textile category designation 619. Based upon international textile trade agreements products of China or 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,

Robert B. Swierupski
Director,

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