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NY H86152




January 3, 2002

CLA-2-55:RR:NC:TA:352 H86152

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.22.0010

Mr. Allan H. Kamnitz
Sharretts, Paley, Carter & Blauvelt, P.C. Seventy-Five Broad Street
New York, NY 10004

RE: The tariff classification of a dyed rayon/nylon/spandex blend plain woven fabric from Taiwan.

Dear Mr. Kamnitz:

In your letter dated December 11, 2001, on behalf of your client Harve Benard, Ltd., you requested a classification ruling. The sample is being returned as requested.

The submitted sample, designated as style Bangaline (HB ref. 35443S), is a dyed plain woven fabric composed of 75% staple rayon, 22% filament nylon and 3% filament spandex. It contains 40 warp ends per centimeter and 26 filling picks per centimeter. This product is constructed using 70 denier nylon multifilament yarns plied with 40 denier filament spandex yarns in the warp and 10/1 c.c. staple rayon yarns in the filling. Weighing approximately 230 g/m2, this fabric will be imported in 147 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 46 in the metric system.

The applicable subheading for the plain woven fabric will be 5516.22.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, dyed, poplin or broadcloth. The duty rate will be 15.3 percent ad valorem in 2002.

This fabric falls within textile category designation 625. 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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