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August 5, 1999

CLA-2-54:RR:NC:TA:352 E85125

CATEGORY: CLASSIFICATION

TARIFF NO.: 5408.22.1000; 5408.22.9030; 5408.21.0030; 5407.61.9925

Mr. M.J. Murphy
E & B International, Inc.
5353 E. Prince Anne Road, Suite A
Norfolk, Virginia 23502

RE: The tariff classification of six woven fabrics from Japan.

Dear Mr. Murphy:

In your letter dated July 20, 1999, on behalf of your client Cheung Hing Hong Piece Goods Co., Ltd., you requested a classification ruling.

Six samples of woven fabric accompanied your request for a ruling. Each of the fabrics will be used as a lining fabric. The first, designated as style A-7575 Acetate Taffeta, is a dyed plain woven fabric composed of 100% filament acetate. It is constructed using 75 denier filament yarns in both the warp and the filling. Weighing 62 g/m2, this product will be imported in 122 centimeter widths. Style 7800 “Acetate Twill” is a dyed twill woven fabric composed of 100% filament acetate. It is constructed using 75 denier filament yarns in the warp and 120 denier filament yarns in the filling. Weighing 97 g/m2, it will be imported in 145 centimeter widths. Style 5678 “Acetate Satin” is a bleached satin woven fabric composed of 100% acetate. It is manufactured using 75 denier filament yarns in the warp and 120 denier filament yarns in the filling. Weighing 110 g/m2, it will be imported in 145 centimeter widths. Style AK 7070 “Bemberg Taffeta” is a dyed plain woven fabric composed of 100% cuprammonium rayon. It is manufactured using 75 denier filament yarns in the warp and 120 denier filament yarns in the filling. Weighing 79 g/m2, it will be imported in 122 centimeter widths. Style AK 1880 “Bemberg Twill” is a dyed twill woven fabric composed of 100% cuprammonium rayon. It is constructed using 75 denier filament yarns in the warp and 100 denier filament yarns in the filling. Weighing 87 g/m2, it will be imported in 112 centimeter widths. Style 32600 “Polyester Taffeta” is a dyed plain woven fabric composed of 100% non-textured filament polyester. It is constructed using 50 denier filament yarns in the warp and 75 denier filament yarns in the filling. Weighing 54 g/m2, it will be imported in 122 centimeter widths.

The applicable subheading for the fabrics designated as style A-7575 “Acetate Taffeta” and style 7800 “Acetate Twill” will be 5408.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, dyed, other, weighing not more than 170 g/m2. The duty rate will be 16 percent ad valorem.

The applicable subheading for the fabric designated as style 5678 “Acetate Satin” will be 5408.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, unbleached or bleached, weighing not more than 170 g/m2. The duty rate will be 16 percent ad valorem.

The applicable subheading for the fabrics designated as style AK 7070 “Bemberg Taffeta” and style AK 1880 “Bemberg Twill” will be 5408.22.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, dyed, of cuprammonium rayon. The duty rate will be 16 percent ad valorem.

The applicable subheading for the fabric designated as style 32600 “Polyester Taffeta” will be 5407.61.9925, 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 85 percent or more by weight of polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, dyed, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 16 percent ad valorem. Styles A-7575, 7800, 5678, AK 1880 and AK7070 fall within textile category designation 618. Based upon international textile trade agreements products of Japan are subject to visa requirements.

Style 32600 falls within textile category designation 619. Based upon international textile trade agreements products of Japan are subject to visa requirements.

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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