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NY F87249

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August 31, 2000

CLA-2-52:RR:NC:TA:352 F87249

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.29.4090; 5210.49.4020; 5407.73.1000; 5407.93.2090; 5516.23.0090 Ms. Mary Beth Osborne
W-C Designs
905 Katella Avenue
Anaheim, CA 92805

RE: The tariff classification of five 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. The first, designated as style Tiny Diamond, is a bleached dobby woven fabric characterized by a woven diamond motif covering the whole surface of the fabric. Laboratory analysis indicates that this fabric is composed of 53.1% cotton and 46.9% polyester. It contains 45.8 single yarns per centimeter in the warp and 18.6 single yarns per centimeter in the filling. Weighing 170.6 g/m2, this item will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this product has been calculated to be 37 in the metric system.

Style Royal Palace Insignia is a jacquard woven fabric constructed with yarns of different colors and is characterized by a woven stylized fleur-de-lis motif covering the whole surface of the fabric. Laboratory analysis indicates that this fabric is composed of 51.3% cotton and 48.7% polyester. It contains 45.1 single yarns per centimeter in the warp and 18.1 single yarns per centimeter in the filling. Weighing 169.1 g/m2, this item will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this product has been calculated to be 37 in the metric system.

Style Shimmer Silk is a satin woven fabric manufactured with yarns of different colors and is characterized by a sparking appearance created by reflection off the warp floats. Laboratory analysis indicates that this fabric is composed of 51.1% filament nylon and 48.9% filament polyester. It contains 85 single yarns per centimeter in the warp and 33.5 single yarns per centimeter in the filling. Weighing 58.3 g/m2, this item will be imported in 152 centimeter widths. Based on the data developed by the laboratory and the information you provided, the average yarn number for this product has been calculated to be 202 in the metric system.

Style Essex Stripe is a woven fabric constructed with yarns of different colors and is characterized by woven stripes created by combining several weaves including satin, twill and plain weaves. Laboratory analysis indicates that this fabric is composed of 44.9% filament polyester, 37.9% staple rayon and 17.2% linen. It contains 47.9 single yarns per centimeter in the warp and 19.7 single yarns per centimeter in the filling. Weighing 230 g/m2, this item will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this product has been calculated to be 33 in the metric system.

Style Essex Court is a jacquard woven fabric constructed with yarns of different colors and is characterized by a woven floral motif covering the whole surface of the fabric. Laboratory analysis indicates that this fabric is composed of 45.9% staple rayon, 29.4% filament polyester and 24.7% linen. It contains 66.9 single yarns per centimeter in the warp and 20.9 single yarns per centimeter in the filling. Weighing 213 g/m2, this item will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this product has been calculated to be 41 in the metric system.

The applicable subheading for the fabric designated as Tiny Diamond will be 5210.29.4090, 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, bleached, other fabrics, other, of number 42 or lower number, other. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for the fabric designated as Royal Palace Insignia will be 5210.49.4020, 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, of yarns of different colors, other fabrics, other, of number 42 or lower number, jacquard woven. The duty rate will be 10.2 percent ad valorem..

The applicable subheading for the fabric designated as Shimmer Silk will be 5407.73.1000, 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 synthetic filaments, of yarns of different colors, the thread count of which per cm (treating multiple (folded) or cabled yarns as single threads) is over 69 but not over 142 in the warp and over 31 but not over 71 in the filling. The duty rate will be 9.7 cents per kg plus 9 percent ad valorem.

The applicable subheading for the woven fabric designated as style Essex Stripe will be 5407.93.2090, 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, other. The duty rate will be 14 percent ad valorem.

The applicable subheading for the woven fabric designated as style Essex Court 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.

Style Tiny Diamond 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 Royal Palace Insignia 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 Shimmer Silk falls within textile category designation 620. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style Essex Stripe 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 Essex Court 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.

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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See also:

• Tariff No.: 5210.29.40 - Bleached woven fabrics of cotton, nesoi, < 85% cotton by weight, mixed mainly/solely w/man-made fibers, n/o 200 g/m2, of number 42 or lower
• Tariff No.: 5210.49.40 - Woven fabrics of cotton,nesoi,< 85% cotton by wt,mixed mainly/solely w/mm fibers, n/o 200g/m2, of number 42 or lower, of yarn of diff colors
• Tariff No.: 5407.73.10 - Woven fabrics, cont. 85% or more syn. filaments by weight, thread count >69-142/cm warp and >31-71/cm filling, of different colored yarns
• Tariff No.: 5407.93.20 - Woven fabrics of synthetic filament yarn nesoi, of yarns of different colors, nesoi
• Tariff No.: 5516.23.00 - Woven fabrics of artificial staple fibers, < 85% by wt of such fibers, mixed mainly/solely w/man-made filaments, of different colored yarns