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NY F82844




May 8, 2000

CLA-2-55:RR:NC:TA:352 F82844

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.22.0010; 5516.23.0010

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

RE: The tariff classification of two rayon/polyester/spandex blend plain woven fabric from Taiwan.

Dear Mr. Glover:

In your letter dated January 19, 2000, on behalf of your client Neman Brothers Inc., you requested a classification ruling.

Two samples of plain woven fabric accompanied your request for a ruling. Both fabrics are designated as pattern 5804 and vary only in color. The first, designated as Pink-Piece Dyed-(solid color) is a dyed plain woven fabric composed of 69.5% staple rayon, 26.5% filament polyester and 4% filament spandex. Laboratory analysis indicates that this product contains 80 single yarns per centimeter in the warp and 24.9 single yarns per centimeter in the filling. The warp contains 2-ply yarns consisting of one ply of filament polyester and one ply of filament spandex while the filling is composed of 1-ply staple rayon yarns. Weighing 214.1 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 item has been calculated to be 49 in the metric system.

The fabric designated as Dark Grey-Piece Dyed-(two tone colors) is a plain woven fabric of yarns of different colors composed of 71.2% staple rayon, 25.1% filament polyester and 3.7% filament spandex. Although colored in a dyeing process the different fibers contained in the fabric were selectively dyed different colors resulting in a fabric containing yarns of different colors. Laboratory analysis indicates that this product contains 82 single yarns per centimeter in the warp and 25 single yarns per centimeter in the filling. The warp is manufactured with of 2-ply yarns consisting of one ply of filament polyester and one ply of filament spandex while the filling is composed of 1-ply staple rayon yarns. Weighing 224 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 item has been calculated to be 48 in the metric system.

The applicable subheading for the fabric designated as Pink-Piece Dyed-(solid color) will be 5516.22.0090, 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, dyed, poplin or broadcloth. The duty rate will be 15.7 percent ad valorem.

The applicable subheading for the fabric designated as Dark Grey-Piece Dyed-(two tone colors) will be 5516.23.0090, 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.

Both 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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