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NY F82839




June 13, 2000

CLA-2-55:RR:NC:TA:352 F82839

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.23.0010

Mr. Bob Glover
L.E. Coppersmith Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of five rayon/nylon/spandex blend plain woven fabrics from Taiwan.

Dear Mr. Glover:

In your letter dated January 20, 2000, on behalf of your client Neman Brothers Inc., you requested a classification ruling.

Five samples of woven fabric with a single pattern number (6601) but differentiated by color designation accompanied your request for a ruling. The sample designated as “Grey-Piece Dyed (solid color)”, is a plain woven fabric composed of 73% staple rayon, 23.7% filament nylon and 3.3% filament spandex. It contains 81.9 single yarns per centimeter in the warp and 26.4 single yarns per centimeter in the filling. This item is constructed using a gimped yarn in the warp consisting of a core of filament spandex around which a multi-filament nylon yarn has been spirally wound. The filling yarns consist of one-ply staple rayon yarns. Weighing 239.8 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data developed by the Laboratory, the average yarn number for this product has been calculated to be 45 in the metric system. Although you indicate that this fabric has been pieced dyed a single uniform color, the Laboratory has found that the nylon in the warp and the rayon in the filling have been colored different shades and thus the fabric is considered to be of yarns of different colors.

The sample designated as “Mauve-Piece Dyed (solid color)”, is a plain woven fabric composed of 73.5% staple rayon, 23% filament nylon and 3.5% filament spandex. It contains 78.7 single yarns per centimeter in the warp and 25.2 single yarns per centimeter in the filling. This item is constructed using a gimped yarn in the warp consisting of a core of filament spandex around which a multi-filament nylon yarn has been spirally wound. The filling yarns consist of one-ply staple rayon yarns. Weighing 222.7 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data developed by the Laboratory, the average yarn number for this product has been calculated to be 46 in the metric system. Although you indicate that this fabric has been pieced dyed a single uniform color, the Laboratory has found that the nylon in the warp and the rayon in the filling have been colored different shades and thus the fabric is considered to be of yarns of different colors.

The sample designated as “Charcoal Grey-Piece Dyed (two tone colors)”, is a plain woven fabric composed of 69.4% staple rayon, 26.6% filament nylon and 4% filament spandex. It contains 81.9 single yarns per centimeter in the warp and 26.4 single yarns per centimeter in the filling. This item is constructed using a gimped yarn in the warp consisting of a core of filament spandex around which a multi-filament nylon yarn has been spirally wound. The filling yarns consist of one-ply staple rayon yarns. Weighing 229.1 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data developed by the Laboratory, the average yarn number for this product has been calculated to be 47 in the metric system. Although you indicate that this fabric has been pieced dyed, the Laboratory has found that the nylon in the warp and the rayon in the filling have been dyed different colors and thus the fabric is considered to be of yarns of different colors.

The sample designated as “Black”, is a plain woven fabric composed of 72.9% staple rayon, 24.1% filament nylon and 3% filament spandex. It contains 78.7 single yarns per centimeter in the warp and 25.2 single yarns per centimeter in the filling. This item is constructed using a gimped yarn in the warp consisting of a core of filament spandex around which a multi-filament nylon yarn has been spirally wound. The filling yarns consist of one-ply staple rayon yarns. Weighing 224.2 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data developed by the Laboratory, the average yarn number for this product has been calculated to be 46 in the metric system. Although you indicate that this fabric has been pieced dyed a single uniform color, the Laboratory has found that the nylon in the warp and the rayon in the filling have been colored different shades and thus the fabric is considered to be of yarns of different colors.

The sample designated as “Burgundy”, is a plain woven fabric composed of 72.3% staple rayon, 24.5% filament nylon and 3.2% filament spandex. It contains 80.3 single yarns per centimeter in the warp and 26.4 single yarns per centimeter in the filling. This item is constructed using a gimped yarn in the warp consisting of a core of filament spandex around which a multi-filament nylon yarn has been spirally wound. The filling yarns consist of one-ply staple rayon yarns. Weighing 238 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data developed by the Laboratory, the average yarn number for this product has been calculated to be 45 in the metric system. Although you indicate that this fabric has been pieced dyed a single uniform color, the Laboratory has found that the nylon in the warp and the rayon in the filling have been colored different shades and thus the fabric is considered to be of yarns of different colors.

The applicable subheading for the five plain woven fabric will be 5516.23.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, of yarns of different colors, poplin or broadcloth. The duty rate will be 11.9 percent ad valorem.

All five fabrics fall within textile category designation 625. 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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