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NY I87225




October 11, 2002

CLA-2-54:RR:NC:TA:352 I87225

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9905

Mr. Steven H. Wang
WHL Customs Broker Services
11222 S. La Cienega Boulevard, Suite 355
Inglewood, CA 90304

RE: The tariff classification of 100% filament polyester plain woven fabric from China.

Dear Mr. Wang:

In your letter dated October 7, 2002, on behalf of your client Makeni Corporation, you requested a classification ruling.

The submitted sample, designated as item # 67-103-1.8, is an unbleached or bleached plain woven fabric composed of 100% non-textured filament polyester. It is manufactured with multifilament low twist yarns in both the warp and filling. Weighing approximately 48 g/m2, this product will be imported in 161 centimeter widths. Your correspondence indicates that this item will be used in the manufacture of printed labels after importation.

The applicable subheading for the plain woven fabric will be 5407.61.9905, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, unbleached or bleached, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 15.3 percent ad valorem.

This fabric falls within textile category designation 619. Based upon international textile trade agreements products of China 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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