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NY J88624




September 5, 2003

CLA-2-54:RR:NC:TA:352 J88624

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.52.2020; 5407.51.0020

Mr. Ken Kane
White Knight Engineered Products, Inc.
7422 Carmel Executive Park, Suite 310
Charlotte, NC 28266

RE: The tariff classification of two plain woven polyester fabrics from China.

Dear Mr. Kane:

In your letter dated September 1, 2003 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style “Sandwash”, is a dyed plain woven fabric composed of 100% textured filament polyester. It contains 47 single yarns per centimeter in the warp and 37 single yarns per centimeter in the filling. It is constructed using 75 denier textured polyester yarns in both the warp and the filling. Weighing 84 g/m2, this product will be imported in 150 centimeter widths. Your correspondence indicates that this item will be used to manufacture undergarments to be used as protective apparel in a clean room environment.

Style “Maxima ESD”, is an unbleached or bleached plain woven fabric composed of 99% textured filament polyester and 1% filament carbon fiber. The carbon fiber functions to eliminate static charge. It contains 64 single yarns per centimeter in the warp and 39 single yarns per centimeter in the filling. It is constructed using 75 denier textured polyester yarns in both the warp and the filling. Weighing 99 g/m2, this product will be imported in 148 centimeter widths. Your correspondence indicates that this item will be used to manufacture protective garments to be used in a “clean room” environment

The applicable subheading for the plain woven fabric designated as style “Sandwash” will be 5407.52.2020, 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 textured polyester filaments, dyed, other, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 15.1 percent ad valorem.

The applicable subheading for the plain woven fabric designated as style “Maxima ESD” will be 5407.51.0020, 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 textured polyester filaments, unbleached or bleached, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 15.1 percent ad valorem.

Both plain woven fabrics fall within textile category designation 619. 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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