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August 13, 1999

CLA-2-54:RR:NC:TA:351 E85130

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.83.0090; 5407.93.2090; 5801.36.0010

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

RE: The tariff classification of fabric from China

Dear Mr. Ralston:

In your letter dated July 23, 1999, you requested a classification ruling.

You submitted marked samples of four fabrics and supplied the following information:

Sample #1, style EMPORIUM, is a tapestry fabric woven of 55 percent polyester filament yarn and 45 percent cotton staple yarn. It is a jacquard weave with yarns of different colors. The cotton yarn is a carded yarn. The polyester filament yarn is textured but is not high tenacity.

Sample #2, style NAVIGATOR, is a chenille fabric woven of 41.6 percent polyester filament yarn, 40.6 percent acrylic staple yarn and 18 percent cotton staple yarn. The chenille yarns are 100 percent acrylic fiber. The fabric is a jacquard weave with yarn of different colors. The staple fiber yarns are carded. The polyester filament yarn is texture but is not high tenacity.

Sample #3, style ROYALE, is also a woven chenille fabric with 35 percent polyester filament yarn, 30 percent cotton staple yarn, 24 percent acrylic staple yarn and 11 percent rayon staple yarn. It is also a jacquard weave with yarns of different colors. The staple fiber yarns are carded, the filament yarns are textured but not high tenacity. The chenille yarns are of 100 percent acrylic fiber. Sample #4, style RUNWAY, is a jacquard woven fabric composed of 55 percent polyester filament yarn and 45 percent acrylic staple yarn. It is woven with yarns of different colors. The staple yarn is carded. The filament yarn is textured but not high tenacity.

The applicable subheading for EMPORIUM will be 5407.83.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, other woven fabrics, of yarns of different colors, other. The duty rate will be 12.8 percent ad valorem.

The applicable subheading for NAVIGATOR and ROYALE will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, of man-made fibers, chenille fabrics, with chenille yarns on one side only. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for RUNWAY will be 5407.93.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, other woven fabrics, of yarns of different colors, other, other, other, other. The duty rate will be 14.5 percent ad valorem.

EMPORIUM and RUNWAY fall within textile category designation 629. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

NAVIGATOR and ROYALE fall within textile category designation 224. Based upon international textile trade agreements products of China 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 Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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