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NY D81677




October 28, 1998

CLA-2-54:RR:NC:TA:352 D81677

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.92.2050; 5407.54.0020; 5407.52.2020; 5516.23.0010; 5516.22.0010; 5407.52.2060

Ms. Anabelle Estaniel
Shason Inc.
4700 Long Beach Ave.
Los Angeles, CA 90058

RE: The tariff classification of woven fabrics from Korea, the Philippines, Taiwan, China, Indonesia and Mexico.

Dear Ms. Estaniel:

In your letter dated August 20, 1998 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. In addition, you have indicated that you also require a ruling on two other fabrics which have identical construction to two of the samples submitted but vary in that they are processed differently. Style Stretch Suede is a satin woven fabric which has been dyed a single uniform color. Laboratory analysis indicates it is composed of 49.8% filament polyester, 3.2% filament spandex and 47% staple polyester. This fabric contains 68.9 single yarns per centimeter in the warp and 66.1 single yarns per centimeter in the filling. Weighing 275.6 g/m2, this product will be imported in 152 centimeter widths.

Style Regular Peach Skin is a plain woven fabric which has been dyed a single uniform color. Laboratory analysis indicates that this product has been manufactured using 100% textured polyester filament yarns. It contains 59 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. Weighing 157.7 g/m2, it will be imported in 113 centimeter widths. Your correspondence indicates that you also wish a ruling on a fabric with this same specifications except that the fabric will be printed with a design instead of dyed a single uniform color.

Style Bengaline Lycra is a plain woven fabric which has been dyed a single uniform color. Laboratory analysis indicates that this item is composed of 75% staple rayon, 21.6% filament polyester and 3.4% filament spandex. It contains 70.8 single yarns per centimeter in the warp and 26.4 single yarns per centimeter in the filling. Weighing 223.3 g/m2, this product will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 43 in the metric system. Your letter indicates that you also require a ruling on a fabric with identical specifications but which has been manufactured with yarns of different colors instead of having been dyed a single uniform color.

Style TR Bengaline is a plain woven fabric which has been dyed a single uniform color. Laboratory analysis indicates that it is composed of 71.2% staple rayon and 28.8% filament polyester. This product contains 44.9 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. Weighing 157.7 g/m2, this fabric will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this item has been calculated to be 39 in the metric system.

Style Polyester Poplin is a plain woven fabric which has been dyed a single uniform color. Laboratory analysis indicates that this product is composed of 100% textured filament polyester. It is constructed using 150 denier two ply yarns in both the warp and filling. Weighing 178 g/m2, this fabric will be imported in 152 centimeter widths.

The applicable subheading for the fabric designated as Stretch Suede will be 5407.92.2050, 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, dyed, other, other, satin weave or twill weave. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the fabric designated as Regular Peach Skin which has been dyed a single uniform color will be 5407.52.2020, 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, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the fabric designated as Regular Peach Skin which has been printed with a design will be 5407.54.0020, 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, printed, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the fabric designated as style Bengaline Lycra which has been dyed a single uniform color will be 5516.22.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, dyed, poplin or broadcloth. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the fabric designated as style Bengaline Lycra which has been constructed with yarns of different colors will be 5516.23.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, of yarns of different colors, poplin or broadcloth. The duty rate will be 13.6 percent ad valorem.

The applicable subheading for the fabric designated as style TR Bengaline will be 5516.22.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, dyed, poplin or broadcloth. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the fabric designated as style Polyester Poplin 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 16.2 percent ad valorem.

Style Stretch Suede falls within textile category designation 628. Based upon international textile trade agreements products of Korea and the Philippines are subject to quota and the requirement of a visa.

Style Regular Peach Skin in both the dyed and printed versions falls within textile category designation 619. Based upon international textile trade agreements products of Korea, China and Indonesia are subject to quota and the requirement of a visa.

Style Bengaline Lycra in both the dyed and yarns of different colors versions falls within textile category designation 625. Based upon international textile trade agreements products of Taiwan and the Philippines are subject to quota and the requirement of a visa.

Style TR Bengaline falls within textile category designation 625. Based upon international textile trade agreements products of Taiwan and the Philippines are subject to quota and the requirement of a visa.

Style Polyester Poplin falls within textile category designation 620. Based upon international textile trade agreements products of the 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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