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NY J84410




May 23, 2003

CLA-2-54:RR:NC:TA:352 J84410

CATEGORY: CLASSIFICATION

TARIFF NO.: 5408.33.9090

Mr. Martin J. Sveum
FedEx Trade Networks
# 8 14th Street
P.O. Box 1738
Blaine, WA 98231-1738

RE: The tariff classification of two rayon/silk blend jacquard woven fabrics from China.

Dear Mr. Sveum:

In your letter dated May 5, 2003, on behalf of your client J B Silk & Valdor Laces Inc., you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style # 1510-11, is a jacquard woven fabric composed of 78% filament rayon and 22% silk. This product is characterized by an intricate woven design featuring a dragon and floral motif. The fabric is constructed using yarns of different colors. Weighing approximately 207 g/m2, this item will be imported in 75 centimeter widths.

Style # 3303-1A is a jacquard woven fabric composed of 78% filament rayon and 22% silk. It is characterized by an elaborate woven design featuring a floral motif. This fabric has been constructed using yarns of different colors. Weighing approximately 227 g/m2, this product will be imported in 113 centimeter widths.

The applicable subheading for the two jacquard woven fabrics will be 5408.33.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, of yarns of different colors, other, other, other, other. The duty rate will be 12.5 percent ad valorem.

Both jacquard woven fabrics fall within textile category designation 629. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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