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June 28, 1999

CLA-2-55:RR:NC:TA:352 E80633

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.93.0090

Mr. Mike Santana
Air & Sea Cargo Express Corp.
175-01 Rockaway Boulevard, Suite 303A
Jamaica, NY 11434

RE: The tariff classification of two rayon/polyester/spandex blend plain woven fabrics from Korea

Dear Mr. Santana:

In your letter dated April 6, 1999, on behalf of your client Future Fabrics International Inc., you requested a classification ruling.

Two samples of woven fabric, identified as style #SRP421ST “Striped” and style #SRP421 “Solid”, accompanied your request for a ruling. Laboratory analysis indicates that style #SRP421ST “Striped” is a plain woven fabric composed of 66.7% staple rayon, 30.2% staple polyester and 3.1% filament spandex. It contains 55.1 single yarns per centimeter in the warp and 55.5 single yarns per centimeter in the filling. This fabric has been constructed of yarns of different colors and is characterized by a white pin stripe every 3/8 inch across the width of the fabric. Weighing 246.3 g/m2, this item will be imported in 113 centimeter widths.

Style #SRP421 “Solid” is a plain woven fabric composed of 67.7% staple rayon, 28.7% staple polyester and 3.6% filament spandex. It contains 55.1 single yarns per centimeter in the warp and 59.1 single yarns per centimeter in the filling. This item is constructed with plied yarns in both the warp and filling. Although your correspondence indicates that the fabric is dyed, laboratory analysis indicates that some of the fiber has been dyed while some of the fiber remains undyed. The selective dying of some fibers but not others in a blended yarn produces a fabric composed of marl or mixture yarns and the fabric is considered to be composed of yarns of different colors. This fabric weighs 199.1 g/m2 and will be imported in 113 centimeter widths.

The applicable subheading for both woven fabrics will be 5516.93.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, other, of yarns of different colors, other. The duty rate will be 12.8 percent ad valorem.

Both these fabrics fall within textile category designation 218. 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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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