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July 26, 1999

CLA-2-55:RR:NC:TA:352 E82652

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Mr. Rodney Ralston
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification of two satin woven polyester fabrics from Taiwan, Korea, China or Thailand.

Dear Mr. Ralston:

In your letter dated May 28. 1999, on behalf of your client Greatex Mills Inc., you requested a classification ruling. The samples you submitted were consumed in analysis and are not available for return as requested.

Laboratory analysis indicates that the first sample, designated as Sample 1, is a satin woven fabric composed of 62.4% staple polyester and 37.6% filament polyester. It contains 108 single yarns per centimeter in the warp and 39 single yarns per centimeter in the filling. Weighing 243.5 g/m2, this product will be imported in widths exceeding 30 centimeters. The fabric is composed of yarns of different colors. This item was woven with filament yarns, however a buffing or sanding process which created a napped suede-like surface on one side of the fabric has broken many of the filaments and created a fabric which is in part of staple fiber.

The other sample, designated as sample 2, is a two ply fabric manufactured by assembling two woven fabrics in layers by means of an adhesive. The top orange fabric is composed of yarns of different colors and according to laboratory analysis contains 59.9% staple polyester and 40.1% filament polyester. This top fabric weighs 206 g/m2, is satin woven and has been sanded on one side creating a napped suede-like surface. It was woven with filament yarns, however a buffing or sanding process which created the napped suede-like surface on one side of the fabric has broken many of the filaments and created a fabric which is in part of staple fiber. The bottom or backing fabric is a bleached plain woven interlining fabric composed of 65% staple polyester and 35% cotton. This laminated fabric is a composite good consisting of two woven fabrics. Based on the value, function and condition of the two fabrics, the essential character of this item has been imparted by top satin woven fabric that has been sanded.

The applicable subheading for both fabrics 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.

Both these fabrics falls within textile category designation 628. Based upon international textile trade agreements products of China, Korea, 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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