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NY J82756




March 31, 2003

CLA-2-55:RR:NC:TA:352 J82756

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.43.0020

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

RE: The tariff classification of a cotton/rayon/polyester blend jacquard woven fabric of yarns of different colors from India.

Dear Mr. Brooks:

In your letter dated March 18, 2003 you requested a classification ruling.

The submitted sample, designated as style “Griffin” 29322, is a jacquard woven fabric composed of 44% cotton, 29% staple rayon and 27% filament polyester. This product is characterized by a stylized floral motif and is constructed with yarns of different colors. It is manufactured using 155 denier filament polyester yarns in the warp and a combination of 8/3 c.c. and 16/2 c.c. staple yarns in the filling. Weighing approximately 485 g/m2, this item will imported in 137 centimeter widths. Your correspondence indicates that this fabric will be used as an upholstery fabric.

The applicable subheading for the jacquard woven fabric 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.

This jacquard woven fabric 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 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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