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NY I89649




January 6, 2003

CLA-2-54:RR:NC:TA:352 I89649

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 26, 2002 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as “Bleached Polyester Voile” (Woven Curtain Fabric), is a bleached plain woven fabric composed of 100% non-textured filament polyester. This fabric contains 30 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 70 denier filament polyester yarns in the filling. Weighing 52 g/m2, this product will be imported in 152 centimeter widths.

The item designated as “Dyed Polyester Taffeta”, is a dyed plain woven fabric composed of 100% non-textured filament polyester. This fabric contains 60 single yarns per centimeter in the warp and 35 single yarns per centimeter in the filling. It is constructed using 75 denier polyester filament yarns in the warp and 75 denier filament polyester yarns in the filling. Weighing 80 g/m2, this product will be imported in 150 centimeter widths.

The item designated as “Bleached Polyester Taffeta”, is a bleached plain woven fabric composed of 100% non-textured filament polyester. This fabric contains 60 single yarns per centimeter in the warp and 35 single yarns per centimeter in the filling. It is constructed using 75 denier polyester filament yarns in the warp and 75 denier filament polyester yarns in the filling. Weighing 80 g/m2, this product will be imported in 150 centimeter widths.

The item designated as “Dyed Polyester Pongee” is a dyed plain woven fabric composed of 100% non-textured filament polyester. It contains 37 single yarns per centimeter in the warp and 41 single yarns per centimeter in the filling. This product is constructed using 75 denier non-textured filament polyester yarns in the warp and 75 denier non-textured filament polyester yarns in the filling. Weighing 110 g/m2, this fabric will be imported in 152 centimeter widths.

The item designated as “Bleached Polyester Pongee” is a bleached plain woven fabric composed of 100% non-textured filament polyester. It contains 37 single yarns per centimeter in the warp and 41 single yarns per centimeter in the filling. This product is constructed using 75 denier non-textured filament polyester yarns in the warp and 75 denier non-textured filament polyester yarns in the filling. Weighing 110 g/m2, this fabric will be imported in 152 centimeter widths.

The applicable subheading for the three fabrics designated as “Bleached Polyester Voile”, “Bleached Polyester Taffeta” and “Bleached Polyester Pongee” 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 Taffeta” and “Dyed Polyester Pongee” 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 five woven fabric designated as “Bleached Polyester Voile”, Dyed Polyester Taffeta”, “Bleached Polyester Taffeta”, “Bleached Polyester Pongee” and “Dyed Polyester Pongee” 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.

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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