NY E81724 - The tariff classification of four polyester woven fabrics from Taiwan. - United States International Trade Commision Rulings

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August 10, 1999

CLA-2-55:RR:NC:TA:352 E81724

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040; 5515.12.0090; 5515.12.0010; 5512.19.0045

Mr. Douglas Turnbull
Tomen America Inc.
1285 Avenue of the Americas
New York, NY 10019-6028

RE: The tariff classification of four polyester woven fabrics from Taiwan.

Dear Mr. Turnbull:

In your letter dated May 3, 1999 you requested a tariff classification ruling.

Four samples of 100% polyester woven fabric accompanied your request for a ruling. The first, identified as style 2840, is a plain woven fabric printed with a floral motif. Laboratory analysis indicates that this product is composed of 55.6% staple polyester and 44.4% filament polyester. It contains 48 single yarns per centimeter in the warp and 37 single yarns per centimeter in the filling. Weighing 105.5 g/m2, this fabric will be imported in 158 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 80 in the metric system. This fabric has been sanded on one side producing a soft fuzzy surface on the face of the fabric. Although this fabric was woven with filament yarns, the subsequent sanding process has broken some of the filament fibers creating staple fibers. Consequently, this fabric is a mixture of filament and staple fibers.

Style 2051, is a plain woven fabric printed with a Hawaiian and floral motif. Laboratory analysis indicates that this product is composed of 55.5% staple polyester and 44.5% filament polyester. It contains 48 single yarns per centimeter in the warp and 35 single yarns per centimeter in the filling. Weighing 102.2 g/m2, this fabric will be imported in 158 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 81 in the metric system. This fabric has been sanded on one side producing a soft fuzzy surface on the face of the fabric. Although this fabric was woven with filament yarns, the subsequent sanding process has broken some of the filament fibers creating staple fibers. Consequently, this fabric is a mixture of filament and staple fibers.

Style 4128Z, is a twill woven fabric printed with a floral motif. Laboratory analysis indicates that this product is composed of 100% staple polyester. It contains 65 single yarns per centimeter in the warp and 36 single yarns per centimeter in the filling. Weighing 142.5 g/m2, this fabric will be imported in 158 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 70 in the metric system. This fabric has been sanded on one side producing a soft fuzzy surface on the face of the fabric. Although this fabric was woven with filament yarns, the subsequent sanding process has broken all of the filament fibers creating staple fibers. Consequently, this fabric is composed wholly of staple fibers.

Style DG2001L is a twill woven fabric printed with a floral motif. Laboratory analysis indicates that this product is composed of 53.5% staple polyester and 46.5% filament polyester. It contains 60 single yarns per centimeter in the warp and 40 single yarns per centimeter in the filling. Weighing 136.1 g/m2, this fabric will be imported in 158 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 73 in the metric system. This fabric has been sanded on one side producing a soft fuzzy surface on the face of the fabric. Although this fabric was woven with filament yarns, the subsequent sanding process has broken some of the filament fibers creating staple fibers. Consequently, this fabric is a mixture of filament and staple fibers.

The applicable subheading for the fabric identified as style 2840 will be 5515.12.0090, 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, other. The rate of duty will be 14.5 percent ad valorem.

The applicable subheading for the fabric identified as style 2051 will be 5515.12.0010, 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, poplin or broadcloth. The rate of duty will be 14.5 percent ad valorem.

The applicable subheading for the fabric identified as style 4128Z will be 5512.19.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of polyester staple fibers, other, other, satin weave or twill weave. The rate of duty will be 15.3 percent ad valorem.

The applicable subheading for the fabric identified as style DG2001L 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 rate of duty will be 14.5 percent ad valorem.

Style 2840 falls within textile category designation 629. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style 2051 falls within textile category designation 625. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style 4128Z falls within textile category designation 617. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style DG2001L 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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