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NY G83263




February 2, 2001

CLA-2-55:RR:NC:TA:352 G83263

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0040

Mr. Charles S. Parisi
Parisi Services, Inc.
P.O. Box 91217
Los Angeles, CA 90009

RE: The tariff classification of polyester/rayon/spandex blend twill woven fabric from China.

Dear Mr. Parisi:

In your letter dated October 13, 2000, on behalf of your client Regency Fabrics, you requested a classification ruling.

The submitted sample, designated as product code RF-2869, is a 2 X 1 twill woven fabric constructed with yarns of different colors. Laboratory analysis indicates that this item is composed of 43.2% filament polyester, 33% staple polyester, 21% staple rayon and 2.8% filament spandex. You indicate that this fabric is manufactured using a combination of 150 denier and 40 denier filament yarns in the warp and 32/2 c.c. staple yarns in the filling. It contains 37.9 single yarns per centimeter in the warp and 64.3 single yarns per centimeter in the filling. Weighing 243.8 g/m2, this fabric will be imported in 145 centimeter widths.

The applicable subheading for the twill woven fabric will be 5515.12.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, satin weave or twill weave. The duty rate will be 13.5 percent ad valorem.

This fabric falls within textile category designation 628. Based upon international textile trade agreements products of China 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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