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NY H89231




May 7, 2002

CLA-2-54:RR:NC:TA:352 H89231

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.54.0040; 5407.52.2040; 5407.54.0020

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

RE: The tariff classification of three 100% polyester plain woven printed and dyed 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 FELD-San-01 Koshibo Prints, is a printed plain woven fabric characterized by a floral motif on a white background. Laboratory analysis indicates that this product is composed wholly of textured filament polyester yarns. It contains 66.93 single yarns per centimeter in the warp and 31.5 single yarns per centimeter in the filling. This item has been constructed using 75 denier filament yarns in both the warp and the filling. Weighing 119.2 g/m2, this fabric will be imported in 113 centimeter widths.

Style FELD-San-02 Koshibo Solids, is a dyed plain woven fabric characterized by having been dyed a single uniform color. Laboratory analysis indicates that this product is composed wholly of textured filament polyester yarns. It contains 66.93 single yarns per centimeter in the warp and 31.5 single yarns per centimeter in the filling. This item has been constructed using 75 denier filament yarns in both the warp and the filling. Weighing 134.7 g/m2, this fabric will be imported in 113 centimeter widths.

Style FELD-San-03 Peachskin Prints, is a printed plain woven fabric characterized by a stylized floral motif on an aqua background. Laboratory analysis indicates that this product is composed wholly of textured filament polyester yarns. It contains 57 single yarns per centimeter in the warp and 26 single yarns per centimeter in the filling. This item has been constructed using 135 denier filament yarns in the warp and 150 denier filament yarns in the filling. Weighing 139.2 g/m2, this fabric will be imported in 113 centimeter widths.

The applicable subheading for the plain woven fabric designated as style FELD-San-01 will be 5407.54.0040, 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, printed, weighing not more than 170 g/m2, other. The duty rate will be 15.3 percent ad valorem.

The applicable subheading for the plain woven fabric designated as style FELD-San-02 will be 5407.52.2040, 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 not more than 170 g/m2, other. The duty rate will be 15.3 percent ad valorem.

The applicable subheading for the plain woven fabric designated as style FELD-San-03 will be 5407.54.0020, 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, printed, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 15.3 percent ad valorem.

All three fabrics fall within textile category designation 619. 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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