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NY H89221




June 3, 2002

CLA-2-54:RR:NC:TA:352 H89221

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.52.2060; 5407.92.2050; 5211.42.0060

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

RE: The tariff classification of three woven fabrics from China and 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-280609, is a dyed 3X2 twill woven fabric composed of 100% textured filament polyester. It is manufactured using 195 denier filament yarns in the warp and 108 denier filament yarns in the filling. Weighing 242.4 g/m2, this product will be imported in 150 centimeter widths.

Laboratory analysis indicates that style SL-1953 “Spandex Satin Mole Skin” is a dyed 4 X 1 satin woven fabric composed of 51.5% filament polyester, 46% staple polyester and 2.5% filament spandex. It is manufactured using 150 denier yarns in the warp and 100 denier polyester yarns combined with a 40 denier spandex yarns in the filling. This item has been sanded or buffed on one side creating a napped surface. Although this product was woven wholly with filament yarns, the subsequent buffing operation has broken the filaments in some of the yarns creating a fabric that is in part of staple fiber yarns. Weighing 224.7 g/m2, this fabric will be imported in 112 centimeter widths.

According to laboratory analysis style LK-013013E “Stretch Denim” is a 2 X 1 warp face twill woven fabric composed of 78.5% cotton, 20% filament polyester and 1.5% filament spandex. It contains 41 warp ends per centimeter and 18 filling picks per centimeter. This product is manufactured with yarns of different colors and features black warp yarns and white filling yarns. Weighing 268.5 g/m2, this fabric will be imported in 128 centimeter widths.

The applicable subheading for the twill woven fabric designated as style HKP-280609 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 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 satin woven fabric designated as style SL-1953 “Spandex Satin Mole Skin” will be 5407.92.2050, 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, dyed, other, other, satin weave and twill weave. The duty rate will be 15.3% ad valorem.

The applicable subheading for the warp face twill woven fabric designated as style LK-013013E “Stretch Denim” will be 5211.42.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, denim, other denim, weighing not more than 360 g/m2. The duty rate will be 8.4 percent ad valorem.

Style HKP-280609 falls within textile category designation 620. Based upon international textile trade agreements products of China and Korea are subject to quota and the requirement of a visa.

Style SL-1953”Spandex Satin Mole Skin” falls within textile category designation 628. Based upon international textile trade agreements products of China and Korea are subject to quota and the requirement of a visa.

Style LK-013013E “Stretch Denim” falls within textile category designation 218. Based upon international textile trade agreements products of China and 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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