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March 23, 1999

CLA-2-54:RR:NC:TA:352 D88733

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.83.0090

Mr. Floyd Sirico
Rogers & Brown Customs Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of a polyester/cotton blend jacquard woven fabric from Turkey.

Dear Mr. Sirico:

In your letter dated February 26, 1999, on behalf of your client Swavelle/Mill Creek Fabrics, you requested a classification ruling.

The submitted sample, designated as “Wildwood Greige Goods” style Number TM 1608, is a jacquard woven fabric constructed with yarns of different colors. Laboratory analysis indicates that this product is composed of 52.2% filament polyester and 47.8% cotton. The fabric is constructed using 150 denier filament polyester yarns in the warp and a combination of 10/1 c.c. and 6/1 c.c. cotton yarns in the filling. Weighing 254 g/m2, this fabric will be imported in 148 centimeter widths.

The applicable subheading for the jacquard woven fabric will be 5407.83.0090, 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 less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, of yarns of different colors, other. The duty rate will be 12.8 percent ad valorem.

This fabric falls within textile category designation 629. Based upon international textile trade agreements products of Turkey 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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