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NY J80267




February 28, 2003

CLA-2-54:RR:NC:TA:352 J80267

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2050

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

RE: The tariff classification of a 100% polyester satin woven brushed fabric of yarns of different colors from China.

Dear Mr. Brooks:

In your letter dated January 22, 2003 you requested a classification ruling.

The submitted sample, designated as style “Polyester Woven Suede Fabric” # JX015, is a 4 X 1 satin woven fabric constructed with yarns of different colors. Laboratory analysis indicates that this product is composed of 60.8% filament polyester and 39.2% staple polyester. The fabric has been sanded or buffed on one side creating a fibrous surface. The buffing process has broken the fibers of some of the yarns transforming a portion of the fiber into staple fiber. This fabric contains 84 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. Weighing 255.6 g/m2, this item will be imported in 149 centimeter widths.

The applicable subheading for the satin woven brushed fabric will be 5407.93.2050, 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, of yarns of different colors, other, other, other, satin weave or twill weave. The duty rate will be 12.5 percent ad valorem.

The satin woven fabric falls within textile category designation 628. 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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