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NY C84827


July 17, 1998

CLA-2-54:RR:NC:TA:352 C84827

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.54.0060; 5407.52.2060; 5407.61.9970; 5407.61.9930; 5407.94.2020; 5407.92.2020; 6002.30.2080; 6001.92.0040

Mr. Arash A. Raminfar

Shason Inc.

4700 Long Beach Avenue

Los Angeles, CA 90058

RE: The tariff classification of knit and woven fabric from Korea, China, Turkey, Sri Lanka, Mexico, and Taiwan.

Dear Mr. Raminfar:

In your letter dated February 23, 1998 you requested a classification ruling.

You have submitted five sample fabrics and have requested classifications on these five as well as fabrics with the exact same construction which vary only by having been dyed a single uniform color instead of having been printed as in the case of four of the samples you submitted. The first sample, designated as style Koshibo, is a plain woven printed fabric composed of 100% textured filament polyester yarns. It is constructed using 75 denier textured filament yarns in the warp and 150 denier textured filament yarns in the filling. Weighing approximately 175 g/m2, this fabric will be imported in 150 centimeter widths. In addition to the sample submitted, you intend to import a fabric with the same style name and construction but which has been dyed a single uniform color instead of having being printed.

Style Peach Skin is a plain woven printed fabric. Laboratory analysis indicates that this product is composed of 65.7% filament polyester and 34.3% staple polyester. It contains 58.3 single yarns per centimeter in the warp and 25.6 single yarns per centimeter in the filling. Weighing 143.5 g/m2, this fabric will be imported in 113 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this item has been calculated to be 58 in the metric system. This product will also be imported in a variation where it will be dyed a single uniform color.

Style Dobby Georgette is a dobby woven printed fabric composed of 100% non-textured filament polyester. This product is manufactured with 75 denier yarns in both the warp and the filling. The data you submitted indicates that the yarns have been twisted 2160 turns per meter. Weighing 115 g/m2, this item will be imported in 113 centimeter widths. This fabric will also be imported in a variation where it will be dyed a single uniform color.

Style Polar Fleece is a printed knit pile fabric composed of 100% polyester. It is characterized by having been weft knit by employing two yarns, one of which forms an extended loop for brushing. Both sides of the fabric are brushed. Weighing 260 g/m2, this fabric will be imported in 155 centimeter widths. This fabric will also be imported dyed a single uniform color.

Style Mini Ottoman is a dyed knitted fabric manufactured on a circular knitting machine. Your correspondence indicates that this fabric is composed of 95% polyester and 5% spandex.

The applicable subheading for the style Koshibo that has been printed will be 5407.54.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric 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 more than 170 g/m2. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the style Koshibo that has been dyed a single uniform color will be 5407.52.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric 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 more than 170 g/m2. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the style Peach Skin that has been printed will be 5407.94.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, printed, other, other, poplin or broadcloth. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the style Peach Skin that has been dyed a single uniform color will be 5407.92.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, dyed, other, other, poplin or broadcloth. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the style Dobby Georgette that has been printed will be 5407.61.9970, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric 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, printed, weighing not more than 170 g/m2, other. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for the style Dobby Georgette that has been dyed a single uniform color will be 5407.61.9930, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric 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, dyed, weighing not more than 170 g/m2, other. The duty rate will be 16.2 percent ad valorem.

The applicable subheading for both the printed and dyed Polar Fleece will be 6001.92.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics...other, of man-made fibers, other, other. The duty rate will be 18.6 percent ad valorem.

The applicable subheading for style Mini Ottoman will be 6002.30.2080, Harmonized Tariff Schedule of the United States (HTS), which provides for other knitted or crocheted fabrics, of a width exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, containing elastomeric yarn, other. The duty rate will be 7.6 percent ad valorem.

Both the printed and dyed versions of style Koshibo fall within textile category designation 620. Based upon international textile trade agreements products of Korea or China are subject to quota and the requirement of a visa. Products from Turkey and Mexico are not subject to visa or quota restraints.

Both the printed and dyed versions of style Peach Skin fall within textile category designation 625. Based upon international textile trade agreements products of Korea, China and Turkey are subject to quota and the requirement of a visa. Products of Mexico are not subject to visa or quota restraints.

Both the printed and dyed versions od style Dobby Georgette fall within textile category designation 619. Based upon international textile trade agreements products of Korea and China are subject to quota and the requirement of a visa. Products of Sri Lanka are subject to a visa requirement while products of Turkey and Mexico are not subject to quota or visa restraints.

Both the printed and dyed versions of style polar fleece fall within textile category designation 224. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style Mini Ottoman falls within textile category designation 222. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa. Products of Turkey are not subject to quota or visa restraints.

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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