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NY I88962




December 9, 2002

CLA-2-54:RR:NC:TA:352 I88962

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2010; 5801.36.0010; 5211.49.0020

Mr. Paul Chiu
Paul Chiu Co. Inc.
267 Fifth Avenue
New York, NY 10016

RE: The tariff classification of three woven fabrics from China.

Dear Mr. Chiu:

In your undated letter received in this office on November 26, 2002 you requested a classification ruling.

Three woven fabrics accompanied your request for a ruling. The first, designated as style HC085/HD367-3, is a woven fabric characterized by a complex weave. It is composed of 80% filament polyester and 20% filament rayon. This fabric will be imported in 150 centimeter widths and has been constructed using yarns of different colors.

Style HC085/HR3456-C-3 is a chenille woven fabric constructed with yarns of different colors. It is composed of 40% polyester, 35% cotton and 25% polynosic rayon. This product will be imported in 150 centimeter widths and features a complex weave with chenille yarns visible on one side.

Style HC085/H3031 is a jacquard woven fabric manufactured with yarns of different colors. It features a woven design featuring both geometric forms and foliage. It is composed of 60% cotton and 40% polyester. Weighing approximately 281 g/m2, this product will be imported in 150 centimeter widths.

The applicable subheading for the fabric designated as style HC085/HD367-3 will be 5407.93.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, of yarns of different colors, other, other, mixed mainly or solely with artificial filaments or metalized yarn. The duty rate will be 13% ad valorem.

The applicable subheading for the chenille woven fabric designated as style HC085/HR3456-C-3 will be 5801.36.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, chenille fabrics, with chenille yarns on one side only. The duty rate will be 11.7 percent ad valorem.

The applicable subheading for the jacquard woven fabric designated as style HC085/H3031 will be 5211.49.0020, 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, other fabrics, jacquard woven. The duty rate will be 8.4 percent ad valorem.

Style HC085/HD367-3 falls within textile category designation 620. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Style HC085/HR3456-C-3 falls within textile category designation 224. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Style HC085/H3031 falls 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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