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NY H89204




May 30, 2002

CLA-2-54:RR:NC:TA:352 H89204

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.53.2060; 5515.12.0040

Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of three polyester and polyester/rayon blend woven fabrics from Korea.

Dear Ms. O’Shea-Moran:

In your letter dated March 11, 2002 you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. Laboratory analysis of style HKP-209413 “100% Polyester” indicates that this fabric is a dyed 4 X 1 satin woven fabric composed of 67% staple polyester and 33% filament polyester. It contains 99.8 single yarns per centimeter in the warp and 35.2 single yarns per centimeter in the filling. Weighing 267.9 g/m2, this product will be imported in 118 centimeter widths. Although originally woven with filament polyester yarns only, the fabric has been brushed on one side which has broken the fiber in some of the yarns creating a fabric composed in part of staple fiber yarns.

Style HKP280610 “100% Polyester” is a dobby woven fabric composed of 100% textured filament polyester. It is constructed using 300 denier textured filament yarns in both the warp and filling. Laboratory analysis indicates that this product is manufactured with yarns of different colors. It contains 36.1 single yarns per centimeter in the warp and 25.3 single yarns per centimeter in the filling. Weighing 261.5 g/m2, this product will be imported in 150 centimeter widths.

Style VMIS6011 “Twill Pin Stripe”, is a dobby woven fabric characterized by a white pin stripe. Laboratory analysis indicates that this item is composed of 98.5% textured polyester filament yarns, 0.7% non-textured polyester filaments and 0.8% filament rayon. It is constructed using yarns of different colors and is manufactured with 190 denier filament yarns in both the warp and filling. It contains 58.2 single yarns per centimeter in the warp and 36.2 single yarns per centimeter in the filling. Weighing 230.4 g/m2, this fabric will be imported in 147 centimeter widths.

The applicable subheading for the fabric designated as style HKP-209413 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 percent ad valorem.

The applicable subheading for the two fabrics designated as styles HKP-280610 and VMIS6011 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 13 percent ad valorem.

Style HKP-209413 falls within textile category designation 628. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

Styles HKP-280610 and VMIS6011 fall within textile category designation 620. Based upon international textile trade agreements products of Korea 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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