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NY H84795




August 9, 2001

CLA-2-54:RR:NC:TA:352 H84795

CATEGORY: CLASSIFICATION

TARIFF NO.: 5408.31.2050; 5408.32.3000

Mr. Martin J. Sveum
TowerGroup International
Western Canadian Border Region
P.O. Box 1738
Blaine, WA 98231-1738

RE: The tariff classification of two rayon/silk blend satin woven fabrics from China.

Dear Mr. Sveum:

In your letter dated August 2, 2001, on behalf of your client J.B. Silk & Valdor Laces Inc., you requested a classification ruling.

Two samples of woven fabric that are identical in construction and vary only as to the finishing processes that they have undergone were submitted for a ruling. The first, designated as “Duchesse Satin” article #14395/1 style 62035 is a bleached satin woven fabric composed of 65% filament rayon and 35% filament silk. It contains 128.7 single yarns per centimeter in the warp and 48 single yarns per centimeter in the filling. Weighing 146 g/m2, this product will be imported in 115 centimeter widths.

The second sample, also designated as “Duchesse Satin” article #14395/1 style 62035, is a satin woven fabric which has been dyed a single uniform color (black) and is composed of 65% filament rayon and 35% filament silk. . It contains 128.7 single yarns per centimeter in the warp and 48 single yarns per centimeter in the filling. Weighing 146 g/m2, this product will be imported in 115 centimeter widths.

The applicable subheading for the bleached satin woven fabric will be 5408.31.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, unbleached or bleached, other, other, satin weave or twill weave. The duty rate will be 15.5 percent ad valorem.

The applicable subheading for the dyed black satin woven fabric will be 5408.32.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from the materials of heading 5405, other woven fabrics, dyed, other, containing 30 percent or more by weight of silk or silk waste, valued over 33 dollars per kilogram. The duty rate will be 7.2 percent ad valorem.

The bleached satin woven 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 dyed black satin woven fabric falls within textile category designation 618. 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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