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NY F80554




December 13, 1999

CLA-2-52:RR:NC:TA:352 F80554

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.59.4090

Ms. Karen Jiang
Unique Performance Inc.
375 Sylvan Avenue
Englewood Cliffs, NJ 07632

RE: The tariff classification of a printed jacquard woven fabric from China.

Dear Ms. Jiang:

In your letter dated November 18, 1999 you requested a classification ruling.

The submitted sample, designated as Article # HA006, is a printed jacquard woven fabric composed of 55% cotton and 45% filament polyester. It contains 60.6 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. This product is constructed using 100 decitex filament yarns in the warp and 10/1 c.c. yarns in the filling. Weighing 198.6 g/m2, this fabric will be imported in 152 centimeter widths. Based on the data provided and our examination of the sample, the average yarn number for this item has been calculated to be 41 in the metric system.

The applicable subheading for the jacquard woven fabric will be 5210.59.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, printed, other fabrics, other, of number 42 or lower number, other. The duty rate will be 9.6 percent ad valorem.

This fabric falls within textile category designation 220. 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 Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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