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NY F85396




April 11, 2000

CLA-2-54:RR:NC:TA:352 F85396

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.52.2020

Ms. Jennie Feng
Fabtex Inc.
1980 Wright Avenue
La Verne, CA 91750

RE: The tariff classification of a 100% textured filament polyester plain woven fabric from Taiwan.

Dear Ms. Feng:

In your letter dated March 29, 2000 you requested a classification ruling.

The submitted sample, designated as style No. 75MF, is a dyed plain woven fabric composed of 100% polyester textured filament yarns. It contains 56.6 single yarns per centimeter in the warp and 34.6 single yarns per centimeter in the filling. This product is constructed using 75 denier filament yarns in both the warp and the filling. Weighing 81.7 g/m2, this fabric will be imported in various widths exceeding 30 centimeters.

The applicable subheading for the woven fabric designated as style No. 75MF will be 5407.52.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of textured polyester filaments, dyed, other, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 15.7 percent ad valorem.

This fabric falls within textile category designation 619. 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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