United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2002 NY Rulings > NY H89217 - NY H89257 > NY H89219

Previous Ruling Next Ruling
NY H89219




April 12, 2002

CLA-2-54:RR:NC:TA:352 H89219

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.52.2060; 5407.61.2900

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

RE: The tariff classification of three polyester 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. The first, designated as style HKP-280613, is a dyed twill woven fabric composed of 100% textured filament polyester. It is manufactured using 135 denier filament yarns in the warp and 150 denier filament yarns in the filling. Weighing 226 g/m2, this product will be imported in 150 centimeter widths

Style EJAS5411 is a dobby woven fabric composed of 99% non-textured filament polyester and 1% filament rayon. This item contains 104 single yarns per centimeter in the warp and 65 single yarns per centimeter in the filling. It is constructed using yarns of different colors and is characterized by a pin stripe running the length of the fabric. It is manufactured using 100 denier filament yarns in the warp and 100 denier filament yarns in the filling. Weighing 247 g/m2, this product will be imported in 130 centimeter widths

Style HKP-279602 is a satin woven fabric composed of 97% textured filament polyester and 3% filament spandex. It is manufactured using 75 denier filament yarns in the warp and 75 denier filament polyester yarns combined with 40 denier filament spandex yarns in the filling. Weighing 122 g/m2, this product will be imported in 150 centimeter widths

The applicable subheading for the twill woven fabric designated as style HKP-280613 will be 5407.52.2060, 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, containing 85 percent or more by weight of textured polyester filaments, dyed, other, weighing more than 170 g/m2. The duty rate will be 15.3 percent ad valorem.

The applicable subheading for the dobby woven fabric designated as style EJAS5411 will be 5407.61.2900, 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, containing 85 percent or more by weight of polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, of yarns of different colors, the thread count of which per cm (treating multiple (folded) or cabled yarns as single threads) is over 69 but not over 142 in the warp and over 31 but not over 71 in the filling, other. The duty rate will be 13.5 percent ad valorem plus 14.6 cents per kilogram.

The twill woven fabric designated as style HKP-280613 falls 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 dobby woven fabric designated as style EJAS5411 falls within textile category designation 619. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

You have not provided sufficient information for us to provide a classification ruling on style HPK-279602. Your correspondence indicates that all of the yarns are textured, however the yarns in the warp and filling are distinctly different in appearance. Please confirm that all of the yarns are texture or the percentage of yarns that are textured and the percentage that are not textured. Please provide the number of single yarns in the warp and the number of single yarns in the filling. Please indicate the number of twists per meter in each of the yarns. Although you indicate the fabric was dyed, the yarns in the warp and filling appear to be different shades. Please explain. The filling yarns are composed of polyester filament yarns and spandex yarns. Please indicate whether every filling yarn is a 2-ply yarn containing a spandex and a polyester yarn twisted together or whether only some of the filling yarns contain spandex yarns. If not every filling yarn contains spandex indicate the number per centimeter of each type of yarn.

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,

Previous Ruling Next Ruling

See also: