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NY F87248





July 17, 2000

CLA-2-52:RR:NC:TA:352 F87248

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0020; 5211.49.0090; 5407.93.2050; 5516.23.0090; 5210.39.4090

Ms. Mary Beth Osborne
W-C Designs
905 East Katella Avenue
Anaheim, CA 92805

RE: The tariff classification of five cotton/polyester and polyester/rayon/flax blend woven fabrics from Taiwan.

Dear Ms. Osborne:

In your letter dated May 17, 2000 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. Laboratory analysis of the first, designated as style Galaxy Stripe, indicates that this woven fabric is composed of 68.2% cotton and 31.8% filament polyester. The fabric is characterized by a series of warp floats alternately passing over first two filing picks and then under one creating a striped effect. The fabric is constructed using yarns of different colors. Weighing 254.5 g/m2, this item will be imported in 152 centimeter widths.

Style Galaxy is a jacquard woven fabric composed of 68.5% cotton and 31.5% filament polyester. This product is constructed using yarns of different colors. It is characterized by an intricate woven design featuring snake like swirls. Laboratory analysis indicates that this product contains 67.7 single yarns per centimeter in the warp and 20.5 single yarns per centimeter in the filling. Weighing 237.4 g/m2, this item will be imported in 152 centimeter widths.

Style Herringbone is a twill woven fabric constructed with yarns of different colors. The fabric is characterized by a twill woven geometric motif featuring a herringbone pattern. Laboratory analysis indicates that this fabric is composed of 40% filament polyester, 39.5% staple rayon and 20.5% flax. It contains 44.9 single yarns per centimeter in the warp and 18.1 single yarns per centimeter in the filling. Weighing 217 g/m2, this product will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 29 in the metric system.

Style Trafalgar is a jacquard woven fabric constructed with yarns of different colors. The fabric is characterized by a stylized woven floral motif featuring both flower-like forms and other shapes. Laboratory analysis indicates that this fabric is composed of 49.8% staple rayon, 32.2% filament polyester and 18% flax. It contains 67.8 single yarns per centimeter in the warp and 21.1 single yarns per centimeter in the filling. Weighing 207.2 g/m2, this product will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 42 in the metric system.

Style Chambers is a dyed dobby woven fabric constructed with yarns dyed the same color. The fabric is characterized by a complex series of interconnected geometric shapes featuring diamonds, ovals, rectangles and other shapes. Laboratory analysis indicates that this fabric is composed of 52.7% cotton and 47.3% filament polyester. It contains 43.3 single yarns per centimeter in the warp and 18.9 yarns per centimeter in the filling. Weighing 174 g/m2, this product will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 35 in the metric system.

The applicable subheading for the style Galaxy Stripe will be 5211.49.0090, 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 more than 200 g/m2, of yarns of different colors, other fabrics, other. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for the style Galaxy will be 5211.49.0020, 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 more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for the fabric designated as style Herringbone will be 5407.93.2050, 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, of yarns of different colors, other, other, other, satin weave or twill weave. The duty rate will be 14 percent ad valorem.

The applicable subheading for the fabric designated as style Trafalgar 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, other. The duty rate will be 11.9 percent ad valorem.

The applicable subheading for the style Chambers will be 5210.39.4090, 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, dyed, other fabrics, other, of number 42 or lower number, other. The duty rate will be 9.4 percent ad valorem.

Style Galaxy Stripe falls within textile category designation 218. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style Galaxy falls within textile category designation 220. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style Herringbone falls within textile category designation 628. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style Trafalgar falls within textile category designation 629. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style Chambers falls within textile category designation 220. 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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