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NY I89638




January 2, 2003

CLA-2-54:RR:NC:TA:352 I89638

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.53.2060

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

RE: The tariff classification of 100% filament polyester dobby woven fabric of yarns of different colors from Vietnam.

Dear Mr. Chiu:

In your letter dated December 26, 2002 you requested a tariff classification ruling.

The submitted sample, designated as style RF6051 “Blackout Fabric”, is a dobby woven fabric constructed with yarns of different colors. In a telephone conversation with this office you have indicated that this product is composed entirely of textured filament yarns. Weighing approximately 277 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for the woven fabric designated as style RF6051 “Blackout Fabric” will be 5407.53.2060, 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 textured polyester filaments, of yarns of different colors, other, weighing more than 170 g/m2. The rate of duty will be 12.5 percent ad valorem.

This woven fabric which is classifiable in subheading 5407.53.2060, HTS, is subject to neither quota restraints nor visa requirements when produced in Vietnam.

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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