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NY J81893





March 19, 2003

CLA-2-55:RR:NC:TA:352 J81893

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.43.0020; 5007.20.0065; 5810.99.9000

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

RE: The tariff classification of four fabrics from India and China.

Dear Mr. Brooks:

In your letter dated February 24, 2003 you requested a classification ruling.

Four samples of fabric accompanied your request for a ruling. The first, designated as style “Entwing”, is a jacquard woven fabric constructed with yarns of different colors. It is composed of 44% cotton, 29% staple rayon and 27% filament polyester. Characterized by a complex woven design featuring a stylized floral motif, this product will be imported in 137 centimeter widths. It contains 66 warp ends per centimeter and 26 filling picks per centimeter. This fabric weighs 485 grams per square meter and will be produced in India..

Style SPS-7624/A is a plain woven fabric composed of 100% silk. It is constructed using yarns of different colors and features a series of colored stripes that run the length of the fabric. This product will be imported in 137 centimeter widths and has been produced in India..

Style EMB-1082 is a woven fabric characterized by having been embroidered with an elephant motif. The base fabric onto which the elephant design has been embroidered is a plain woven 100% silk fabric manufactured with yarns of different colors. This fabric will be imported in 137 centimeter widths and will be manufactured in India.

Style 283 is described in your correspondence as PVC. This product appears to be a woven fabric that has been coated on one side with a plastic coating. The plastic coating appears to have been embossed creating a simulated leather appearance. Your letter indicates that this product will be produced in China.

The applicable subheading for the jacquard woven fabric designated as style “Entwing” will be 5516.43.0020, 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 cotton, of yarns of different colors., jacquard weave. The duty rate will be 1.7 percent ad valorem.

The applicable subheading for the woven fabric designated as Style SPS-7624/A will be 5007.20.0065, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of silk or of silk waste, other fabrics, containing 85 percent or more by weight of silk or of silk waste other than noil silk, other, other, not jacquard woven, more than 127 cm in width. The duty rate will be free.

The applicable subheading for the embroidered fabric designated as style EMB-1082 will be 5810.99.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of other textile materials, other. The duty rate will be 4.6 percent ad valorem.

The jacquard woven fabric designated as style “Entwing” 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. The woven silk fabric and the embroidered fabric designated as styles SPS-7624/A and EMB-1082 respectively are not subject to either quota restraints or visa requirements.

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.

You have not provided sufficient information for us to provide a ruling on the sample designated as style 283. Please provide the fiber content of the base fabric, as well as its weave, its weight, and its width. Please provide the generic name of the plastic coating and provide its weight. In addition, please indicate whether the plastic is compact or cellular.

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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