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NY I88864




December 9, 2002

CLA-2-52:RR:NC:TA:352 I88864

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.59.0090 ; 5211.39.0090

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of two cotton/polyester blend jacquard woven fabrics from China.

Dear Mr. Brooks:

In your letter dated November 27, 2002 you requested a classification ruling.

Two samples of jacquard woven fabric accompanied your request for a ruling. The first, designated as “Heat Transfer Printed Jacquard”, is a printed jacquard woven fabric featuring a floral motif. It is composed of 54 percent cotton and 46% filament polyester. It contains 59 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. Weighing 230 g/m2, this product will be imported in 150 centimeter widths.

The fabric designated as “Piece Dyed Jacquard” is a dyed jacquard woven fabric composed of 55% cotton and 45% filament polyester. It contains 63 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is manufactured using 150 denier filament polyester yarns in the warp and 7/1 c.c. cotton yarns in the filling. Weighing 253 g/m2, this fabric will be imported in 149 centimeter widths.

The applicable subheading for the fabric designated as “Heat Transfer Printed Jacquard” will be 5211.59.0090, 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, printed, other fabrics, other. The duty rate will be 8.4 percent ad valorem.

The applicable subheading for the fabric designated as “Piece Dyed Jacquard” will be 5211.39.0090, 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, dyed, other fabrics, other. The duty rate will be 8.4 percent ad valorem.

Both the jacquard woven fabrics fall within textile category designation 220. 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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