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NY J81193





February 28, 2003

CLA-2-54:RR:NC:TA:352 J81193

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.42.0060

Ms. Heather Fust
Stafford Textiles Limited
2200 Lakeshore Blvd., W.
Suite 308
Toronto, Ontario, Canada M8V 1A4

RE: The tariff classification of a 100% filament nylon dyed plain woven fabric from Taiwan.

Dear Ms. Fust:

In your letter dated January 30, 2003 you requested a classification ruling.

The submitted sample, designated as style HY45840, is a dyed plain woven fabric composed of 100% filament nylon. It contains approximately 24 single yarns per centimeter in the warp and 16.5 single yarns per centimeter in the filling. This product is constructed using 420 denier filament nylon yarns in both the warp and the filling. Weighing 200 g/m2, this fabric will be imported in 152 centimeter widths. Your correspondence indicates that this fabric will be used in the manufacture of protective garments.

The applicable subheading for the plain woven fabric will be 5407.42.0060, 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 filaments of nylon or other polyamides, dyed, weighing more than 170 g/m2. The duty rate will be 15.1 percent ad valorem.

This plain woven fabric falls within textile category designation 620. Based upon international textile trade agreements products of Taiwan 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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