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NY B88469


July 17, 1998

CLA-2-54:RR:NC:TA:352 B88469

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.92.2050

Mr. Chang Sun, PI

Tongkook America, Inc.

1430 Broadway, Suite 1106

New York, NY 10018

RE: The tariff classification of a twill woven polyester/spandex blend fabric from Korea.

Dear Mr. Chang Sun, Pi:

In your letter dated August 21, 1997 you requested a classification ruling.

The submitted sample is a twill woven dyed fabric. Although you have stated that this product is wholly of filament yarns, laboratory analysis indicates that it is composed of 52.2% polyester filament fiber, 44.6 % staple fiber and 3.2 filament spandex. Weighing 267.5 g/m2, this fabric will be imported in 113 centimeter widths. The fabric has been napped on one side.

The applicable subheading for the twill woven fabric 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 the 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.

This fabric falls within textile category designation 628. 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,


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