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NY F88682




October 10, 2000

CLA-2-54:RR:NC:TA:352 F88682

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.92.2090

Mr. Bruce Kim
Samuel Kim CHB Inc.
8939 S. Sepulveda Boulevard #506
Los Angeles, CA 90045

RE: The tariff classification of two polyester/spandex blend dobby woven fabrics from Korea.

Dear Mr. Kim:

In your letter dated May 11, 2000, on behalf of your client United Fabrics International, you requested a classification ruling.

Two samples of woven fabric accompanied your request. The first, designated as black fabric, is a dyed dobby woven fabric characterized by a complex weave featuring a woven in stripe effect. Laboratory analysis indicates that this product is composed of 48.5% filament polyester, 48% staple polyester and 3.5% filament spandex. It contains 66 warp ends per centimeter and 32 filling picks per centimeter. This item is constructed with single ply 150 denier filament polyester yarns in the warp and two ply filling yarns consisting a polyester staple yarn twisted with a filament spandex yarn. This fabric has been partially napped in columns across the width of the fabric creating the illusion of a pile fabric, however this product is not a pile fabric. Weighing 288.3 g/m2, this fabric will be imported in 113 centimeter widths.

The second sample, designated as brown fabric, is a dyed dobby woven fabric characterized by a complex weave featuring a woven in stripe effect. Laboratory analysis indicates that this product is composed of 50.2% filament polyester, 47.1% staple polyester and 2.7% filament spandex. It contains 65 warp ends per centimeter and 33 filling picks per centimeter. This item is constructed with single ply 150 denier filament polyester yarns in the warp and two ply filling yarns consisting a polyester staple yarn twisted with a filament spandex yarn. This fabric has been partially napped in columns across the width of the fabric creating the illusion of a pile fabric, however this product is not a pile fabric. Weighing 256 g/m2, this fabric will be imported in 113 centimeter widths.

The applicable subheading for the two dobby woven fabric will be 5407.92.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, dyed, other, other, other. The duty rate will be 15.7 percent ad valorem.

Both fabrics fall within textile category designation 629. 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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