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March 8, 1999

CLA-2-55:RR:NC:TA:352 D87365

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Mr. Leo Hizon
Metro Textile, Inc.
575 Anton Blvd., Suite 640
Costa Mesa, California 92626

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

Dear Mr. Hizon:

In your letter dated January 26, 1999 you requested a classification ruling.

Laboratory analysis indicates that the submitted sample, designated as style #1666, is a dyed twill woven fabric composed of 52.5% staple polyester and 47.5% filament polyester. It contains 58.3 single yarns per centimeter in the warp and 37.8 single yarns per centimeter in the filling. Weighing 117.7 g/m2, it will be imported in 147 centimeter widths. This fabric has been brushed on one side creating a soft fuzzy surface on the fabric’s face.

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 14.5 percent ad valorem.

This fabric falls within textile category designation 628. Based upon international textile trade agreements products of both Taiwan and Thailand 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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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