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NY G83660




October 27, 2000

CLA-2-54:RR:NC:TA:352 G83660

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.53.2060; 5903.90.2500; 5209.42.0020; 5309.29.4010

Ms. Annabelle Estaniel
Shason Inc.
4700 Long Beach Avenue
Los Angeles, CA 90058

RE: The tariff classification of woven and knit fabrics from Hong Kong, Korea, The Philippines and Malaysia.

Dear Ms. Estaniel:

In your letter dated October 19, 2000 you requested a classification ruling.

Five samples of woven and knit fabric accompanied your request for a ruling. The first, designated as design number E260 (supplier’s design number 3689), is a plain woven fabric composed of 100% textured filament polyester. It contains 51 single yarns per centimeter in the warp and 50 single threads per centimeter in the filling. This product is constructed using 150 denier two ply yarns in both the warp and filling. It features a white pinstripe and is composed of yarns of different colors. Weighing approximately 178 g/m2, this fabric will be imported in 150 centimeter widths.

The sample designated as “Bodre Computer Foil” is a circular weft knit fabric composed of 100% polyester. It has been uniformly coated with “foil print” dots. Weighing 106 g/m2, this product will be imported in 113 centimeter widths.

The sample designated as “Spandex Stretch Indigo Blue Denim” is a 2X1 warp face twill woven fabric composed of 96% cotton and 4% filament spandex. It features an indigo blue warp and a filling dyed a light shade of blue. The fabric contains 44 warp ends per centimeter and 18 filling picks per centimeter. This fabric is constructed using 16/1 c.c. yarns in the warp and a 16/1 c.c. cotton yarn combined with a 70 denier spandex yarn in the filling. Weighing 270 g/m2, this fabric will be imported in135 centimeter widths.

The sample designated “Linen Cotton” is a dyed plain woven fabric composed of 55% flax and 45% cotton. It is constructed using 11/1 c.c. yarns in both the warp and the filling. Weighing 220 g/m2, this product will be imported in 143 centimeter widths.

The fabric designated as style “Stardust” is a plain woven fabric composed of 95% textured filament polyester and 5% filament nylon. It contains 18.5 single yarns per centimeter in the warp and 17.7 single yarns per centimeter in the filling. This product is constructed using 300 denier textured filament yarns in both the warp and filling. It features yarns of different colors which creates an illusion of a field of stars against a black sky. Weighing 202 g/m2, this fabric will be imported in 160 centimeter widths.

The applicable subheading for the fabrics designated as design number E260 (supplier’s design number 3689) and style “Stardust” will be 5407.53.2060, 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 textured polyester filaments, of yarns of different colors, other, weighing more than 170 g/m2. The duty rate will be 14 percent ad valorem.

The applicable subheading for the knit fabric designated as “Bodre Computer Foil” will be 5903.90.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902, other, of man-made fibers, other, other. The duty rate will be 7.9 percent ad valorem.

The applicable subheading for the fabric designated as “Spandex Stretch Indigo Blue Denim” will be 5209.42.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, of yarns of different colors, denim, blue denim, weighing not more than 360 g/m2. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for the fabric designated as “Linen Cotton” will be 5309.29.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax, containing less than 85 percent by weight of flax, other, other, other, of a width exceeding 127 centimeters. The duty rate will be 1.2 percent ad valorem.

The fabric designated as design number E260 (supplier’s design number 3681) falls within textile category designation 620. Based upon international textile trade agreements products of The Philippines are subject to quota and the requirement of a visa.

The fabric designated as style “Bodre Computer Foil” and produced in Korea is not currently subject to either visa requirements or quota restraints.

The fabric designated as “Spandex Stretch Indigo Blue Denim” falls within textile category designation 225. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The fabric designated as “Linen Cotton” falls within textile category designation 810. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The fabric designated as style “Stardust” falls within textile category designation 620. Based upon international textile trade agreements products of Malaysia 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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