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NY E85734




October 1, 1999

CLA-2-55:RR:NC:TA:352 E85734

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

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

RE: The tariff classification of 100% polyester satin woven printed fabric from Taiwan.

Dear Mr. Turnbull:

In your letter dated July 29, 1999 you requested a classification ruling.

The submitted sample, designated as “Peachskin Fabric” style T805X503, is a satin woven printed fabric. Laboratory analysis indicates that this product is composed of 50.6% staple polyester and 49.4% filament polyester. It contains 88.2 single yarns per centimeter in the warp and 42.5 single yarns per centimeter in the filling. Although the fabric was woven with all filament yarns, a sanding operation subsequent to weaving has broken the fibers of some of the yarns creating a fabric that is composed in part of staple fiber and in part of filament fiber. The fabric is characterized by an intricate printed floral motif and features a soft fuzzy surface on the side of the fabric that has been sanded.

The applicable subheading for the “Peachskin Fabric” 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.

This fabric 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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