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NY F82845




April 18, 2000

CLA-2-54:RR:NC:TA:352 F82845

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.82.0040; 5407.83.0040

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

RE: The tariff classification of four nylon/cotton blend satin woven fabrics 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.

Four samples of satin woven fabric accompanied your ruling request. The first, identified as pattern 5101 color Olive-Piece Dyed (two tone colors), is a satin woven fabric composed of yarns of different colors. Although this product was piece dyed, the cotton and nylon yarns in the product were colored different colors in a cross-dyeing process. Laboratory analysis indicates that this fabric is composed of 51.9% filament nylon and 48.1% cotton. It contains 80.3 single yarns per centimeter in the warp and 37.8 single yarns per centimeter in the filling. Weighing 141.4 g/m2, this item will be imported in 150 centimeter widths.

Pattern 5101 color sage is a satin woven fabric which has been dyed a single uniform color. Laboratory analysis indicates that this product is composed of 52.6% filament nylon and 47.4% cotton. It contains 84.6 single yarns per centimeter in the warp and 39.4 single yarns per centimeter in the filling. Weighing 143.8 g/m2, this fabric will be imported in 150 centimeter widths.

Pattern 5101 color tan is a satin woven fabric which has been dyed a single uniform color. Laboratory analysis indicates that this product is composed of 51.7% filament nylon and 48.3% cotton. It contains 83.8 single yarns per centimeter in the warp and 38.6 single yarns per centimeter in the filling. Weighing 139 g/m2, this fabric will be imported in 150 centimeter widths.

Pattern 5101 color black is a satin woven fabric which has been dyed a single uniform color. Laboratory analysis indicates that this product is composed of 54.6% filament nylon and 45.4% cotton. It contains 83.5 single yarns per centimeter in the warp and 38.2 single yarns per centimeter in the filling. Weighing 133.9 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for the satin woven fabric designated as pattern 5101 color olive-piece dyed (two tone colors) will be 5407.83.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, of yarns of different colors, satin weave or twill weave. The duty rate will be 11.9 percent ad valorem.

The applicable subheading for the three satin woven fabric dyed a single uniform color designated as pattern 5101 colors sage, tan and black will be 5407.82.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, dyed, satin weave or twill weave. The duty rate will be 15.7 percent ad valorem

All four fabrics fall 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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