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NY G88802




April 2, 2001

CLA-2-54:RR:NC:TA:352 G88802

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2050

Mr. Bill Julich
Delmar International, Inc.
147-55 175th Street
Jamaica, NY 11434

RE: The tariff classification of a polyester/rayon/spandex blend 2X1 twill woven fabric from China.

Dear Mr. Julich:

In your letter dated March 28, 2001, on behalf of your client S. Shamash & Sons, you requested a classification ruling. The sample is being returned as requested.

The submitted sample, designated as style number 8849, is a 2X1 warp face twill woven fabric composed of 63% filament polyester, 35% staple rayon and 2% filament spandex. The fabric is constructed with yarns of different colors and features an indigo colored warp and a mango colored filling. Data provided indicates that this product contains 88 warp ends per centimeter and 46 filling picks per centimeter. It is manufactured using 150 denier filament polyester yarns combined with 40 denier filament spandex in the warp and 10/1 c.c. staple rayon yarns in the filling. Weighing 258.5 g/m2, this fabric will be imported in 147 centimeter widths.

The applicable subheading for the twill woven fabric style #8849 will be 5407.93.2050, 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, of yarns of different colors, other, other, other, 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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