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NY J81190




February 28, 2003

CLA-2-58:RR:NC:TA:352 J81190

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.25.0010; 5211.49.0020; 5407.93.2090; 5516.23.0090; 5407.93.2010

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

RE: The tariff classification of five woven fabrics from India.

Dear Mr. Brooks:

In your letter dated February 11, 2003 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as style “100% Cotton Velvet” is a dyed woven fabric of warp pile construction. It is composed of 100% cotton. This fabric has been manufactured using 40/2 c.c. yarns in the warp and 14/1 c.c. yarns in the filling. Weighing 390 g/m2, this product will be imported in 137 centimeter widths.

Style “Zandra Sky Blue” is a jacquard woven fabric constructed with yarns of different colors. It is characterized by an elaborate woven floral design. This fabric is composed of 52% cotton and 48% filament polyester. It contains 66 single yarns per centimeter in the warp and 16 single yarns per centimeter in the filling. The fabric is constructed using 155 denier filament polyester yarns in the warp and 8/1 c.c. cotton yarns in the filling. Weighing 250 g/m2, this product will be imported in 140 centimeter widths.

Style “Zandra Ivory” is a jacquard woven fabric manufactured with yarns of different colors. It is composed of 52% filament polyester and 48% staple rayon. It is characterized by a woven in floral motif. The fabric contains 66 single yarns per centimeter in the warp and 16 single yarns per centimeter in the filling. It is manufactured using 155 denier filament polyester yarns in the warp and 8/1c.c. rayon staple yarns in the filling. Weighing 250 g/m2, this product will be imported in 140 centimeter widths.

Style “F 349 Red” is a jacquard woven fabric manufactured with yarns of different colors. It is composed of 54% staple rayon and 46% filament polyester. This item is characterized by an elaborate woven design featuring stylized foliage integrated into complex geometric forms. The fabric contains 66 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. It is constructed using 155 denier filament polyester yarns in the warp and 16/2 c.c. staple rayon yarns in the filling. Weighing 250 g/m2, this product will be imported in 140 centimeter widths.

Style “F359 Red” is a jacquard woven fabric manufactured using yarns of different colors. It is composed of 48% filament polyester, 33% filament rayon and 19% staple rayon. It is characterized by an intricate woven design featuring diamond and oval shapes distributed throughout the fabric. This product contains 66 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. It is constructed using 155 denier filament yarns in the warp and a combination of 16/2 c.c. staple yarns and 155 denier filament yarns in the filling. Weighing 250 g/m2, this item will be imported in 140 centimeter widths.

The applicable subheading for the jacquard woven fabric designated as style “100% Cotton Velvet” will be 5801.25.0010, 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 cotton, warp pile fabrics, cut, over 271 grams per square meter. The duty rate will be 18.8 percent ad valorem.

The applicable subheading for the jacquard woven fabric designated as style “Zandra Sky Blue” 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 8.3 percent ad valorem.

The applicable subheading for the jacquard woven fabric designated as style “Zandra Ivory” will be 5407.93.2090, 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, other. The duty rate will be 12.5 percent ad valorem.

The applicable subheading for the jacquard woven fabric designated as style “F 349 Red” will be 5516.23.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, of yarns of different colors, other. The duty rate will be 9.4 percent ad valorem.

The applicable subheading for the jacquard woven fabric designated as style “F 359 Red” will be 5407.93.2010, 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, mixed mainly or solely with artificial filaments or metalized yarn. The duty rate will be 12.5 percent ad valorem.

Style “100% Cotton Velvet” falls within textile category designation 224. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

Style “Zandra Sky Blue” falls within textile category designation 220. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

Styles “Zandra Ivory” and “F 349 Red” fall within textile category designation 629. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

Style “F 359 Red” falls within textile category designation 620. Based upon international textile trade agreements products of India 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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