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NY I89605




January 6, 2003

CLA-2-54:RR:NC:TA:352 I89605

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9905; 5407.61.9925

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

RE: The tariff classification of five 100% polyester woven fabrics from China.

Dear Mr. Brooks:

In your letter dated December 23, 2002 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as “Bleached Polyester Satin With Floral Design”, is a bleached jacquard woven fabric composed of 100% non-textured filament polyester. It is characterized by an elaborate woven floral motif. This fabric contains 85 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. It is constructed using 70 denier polyester filament yarns in the warp and 100 denier filament polyester yarns in the filling. Weighing 160 g/m2, this product will be imported in 147 centimeter widths.

The item designated as “Dyed Polyester Satin With Floral Design”, is a dyed jacquard woven fabric composed of 100% non-textured filament polyester. It is characterized by an elaborate woven floral motif. This fabric contains 85 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. It is constructed using 70 denier polyester filament yarns in the warp and 100 denier filament polyester yarns in the filling. Weighing 160 g/m2, this product will be imported in 147 centimeter widths.

The item designated as “Bleached Polyester Satin” is a bleached 4 X 1 satin woven fabric composed of 100% non-textured filament polyester. It contains 70 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. This product is constructed using 75 denier non-textured filament polyester yarns in the warp and 150 denier non-textured filament polyester yarns in the filling. Weighing 155 g/m2, this fabric will be imported in 147 centimeter widths.

The item designated as “Dyed Polyester Satin” is a dyed 4 X 1 satin woven fabric composed of 100% non-textured filament polyester. It contains 70 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. This product is constructed using 75 denier non-textured filament polyester yarns in the warp and 150 denier non-textured filament polyester yarns in the filling. Weighing 155 g/m2, this fabric will be imported in 147 centimeter widths.

The item designated as “100% Polyester Woven Suede Fabric” is a woven fabric composed of 100% polyester. It contains 84 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. It is constructed using 115 denier yarns in the warp and 400 denier yarns in the filling. Weighing 266 g/m2, this product will be imported in 149 centimeter widths.

The applicable subheading for the two fabrics designated as “Bleached Polyester Satin With Floral Design” and “Bleached Polyester Satin” 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 15.1 percent ad valorem.

The applicable subheading for the two fabrics designated as “Dyed Polyester Satin With Floral Design” and “Dyed Polyester Satin” will be 5407.61.9925, 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, dyed, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 15.1 percent ad valorem.

The four woven fabric designated as “Bleached Polyester Satin With Floral Design”, Dyed Polyester Satin With Floral Design”, “Bleached Polyester Satin” and “Dyed Polyester Satin” fall 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.

You have not provided sufficient information for us to issue a ruling on the fabric designated as “100% Polyester Woven Suede Fabric”. Please provide a sample at least 18” X 18” including one selvage. In addition, please provide a complete description of the manufacturing process used to produce this fabric including the type of machinery used in producing the suede finish. Although, you indicate that the fabric is twill woven, it appears to be woven with a satin weave. Please provide a diagram of the weave.

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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