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September 15, 1999

CLA-2-50:RR:NC:TA:352 E86275

CATEGORY: CLASSIFICATION

TARIFF NO.: 5007.10.6090; 6303.99.0060

Ms. Elaine Gin
New Harbor Enterprises, Inc.
305 Fellowship Road, 3rd Floor
Mt. Laurel, NJ 08054

RE: The tariff classification of a noil silk/polyester blend woven fabric and a curtain from China.

Dear Ms. Gin:

In your letter dated August 12, 1999 you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 55% noil silk and 45% filament polyester. It will be imported in 152 centimeter widths and will be used in the production of curtains. Your correspondence indicates that you also intend to import finished curtains manufactured from the fabric submitted. A photograph of the finished curtain depicts a curtain which has been hemmed on all four edges and is said to measure 72” X 60”.

The applicable subheading for the woven fabric will be 5007.10.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of silk or silk waste, fabrics of noil silk, other, other. The duty rate will be 5.8 percent ad valorem.

The applicable subheading for the curtain will be 6303.99.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for curtains (including drapes) and interior blinds, curtain or bed valances, other, of other textile materials, other, other. The duty rate will be 12 percent ad valorem.

The woven fabric falls within textile category designation 810. The woven curtain falls within textile category designation 899. Based upon international textile trade agreements products of China 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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