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NY F87543




July 7, 2000

CLA-2-54:RR:NC:TA:352 F87543

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.92.2050

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

RE: The tariff classification of dyed satin woven polyester fabric from Korea.

Dear Mr. Glover:

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

The submitted samples, designated as items “Fabric-‘Stretch Suede’”, are identical in construction and vary only in the color that they have been dyed. Laboratory analysis indicates that these items are dyed satin woven fabrics composed of 51.5% filament polyester, 45.5% staple polyester and 3% filament spandex. They contain 64.4 single yarns per centimeter in the warp and 28.7 single yarns per centimeter in the filling. Weighing 231.9 g/m2, these fabrics will be imported in 146 centimeter widths. After weaving, these products have been buffed or sanded on one side to produce a soft nap. The buffing process has broken the filaments in some of the yarns creating staple fiber yarns resulting in a fabric composed in part of filament fiber and in part of staple fiber.

The applicable subheading for the two satin woven fabrics will be 5407.92.2050, 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, dyed, other, other, satin weave or twill weave. The duty rate will be 15.7 percent ad valorem.

These two fabrics fall within textile category designation 628. Based upon international textile trade agreements products of Korea 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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