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NY G81866





September 11, 2000

CLA-2-52:RR:NC:TA:352 G81866

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.49.4020; 5407.61.2900

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

RE: The tariff classification of two woven fabrics from Taiwan

Dear Ms. Osborne:

In your letter dated September 6, 2000 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as pattern “Royalton”, is a jacquard woven fabric composed of 55% cotton and 45% filament polyester. It is characterized by a woven floral motif and is constructed with yarns of different shades of the same color. It contains 48 single yarns per centimeter in the warp and 16.5 single yarns per centimeter in the filling. This fabric is manufactured with 160 denier filament yarns in the warp and 11/1 c.c. staple yarns in the filling. Weighing 191.9 g/m2, this product will be imported in 152 centimeter widths. Based on the data supplied the average yarn number for this fabric has been calculated to be 33 in the metric system.

Pattern “Zen Dash” is a dobby woven fabric composed of 100% polyester non-textured filament yarns. This fabric is characterized by a complex weave combining elements of plain and satin weave and the application of flocking in one inch strips and of varying widths distributed over the fabric face creating a pattern of dashes. Constructed with yarns of different colors, this product contains 70.9 single yarns per centimeter in the warp and 38.2 single yarns per centimeter in the filling. It is manufactured with 82.5 denier yarns in the warp and 154 denier yarns in the filling. Weighing 143.4 g/m2, it will be imported in 152 centimeter widths.

The applicable subheading for the fabric designated as pattern “Royalton” 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 pattern “Zen Dash” will be 5407.61.2900, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, of yarns of different colors, the thread count of which per centimeter (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, other. The duty rate will be 17 cents per kilogram plus 15.8% ad valorem.

The fabric designated as pattern “Royalton” 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 fabric designated as pattern “Zen Dash” 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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