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NY D84436




December 30, 1998

CLA-2-54:RR:NC:TA:352 D84436

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Mr. Frank Testa
Frank Testa Inc.
Cargo Building 80, Room 244
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of a dyed 100% polyester twill woven fabric from Taiwan.

Dear Mr. Testa:

In your letter dated November 3, 1998, on behalf of your client Hi Fashion Fabrics Inc., you requested a classification ruling.

The submitted sample, designated as Art. No. VF 953SE, is a dyed twill woven fabric. Laboratory analysis indicates that this product is composed of 56.7% staple polyester and 43.3% filament polyester. It is constructed using a 150 denier filament polyester yarn in the warp and a three ply yarn consisting of a one ply filament yarn and a two ply yarn made with a staple yarn gimped around a filament yarn in the filling. Weighing 309 g/m2, this fabric will be imported in 135 centimeter widths.

The applicable subheading for the twill woven fabric will be 5515.12.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, satin weave or twill weave. The duty rate will be 15 percent ad valorem in 1998 and 14.5 percent ad valorem in 1999.

This fabric falls within textile category designation 628. Based upon international textile trade agreements products of Taiwan 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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