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NY J89296




September 25, 2003

CLA-2-54:RR:NC:TA:352 J89296

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9910

Ms. Cecilia Larsen
D.J. Powers Co., Inc.
24 North Market Street, Suite 203
Charleston, SC 29401

RE: The tariff classification of an unbleached 100% filament polyester plain woven fabric from Turkey.

Dear Ms. Larsen:

In your letter dated September 16, 2003, on behalf of your client Edpa USA, Inc., you requested a tariff classification ruling.

The submitted sample, designated as style T700-PFP, is an unbleached plain woven fabric composed of 100% non-textured filament polyester. It contains 30 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This fabric is constructed using 70 denier filament polyester yarns in both the warp and filling. Your correspondence indicates that the each of the yarns that form this fabric is characterized by having a twist of 800 turns per meter. Weighing 47.4 g/m2, this product will be imported in 150 centimeter widths. This item, after printing and finishing, will be used primarily in the manufacture of curtains.

The applicable subheading for the plain woven fabric will be 5407.61.9910, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, unbleached or bleached, weighing not more than 170 g/m2, other. The rate of duty will be 15.1 percent ad valorem.

Goods classifiable in subheading 5407.61.9910, HTS, produced in Turkey are not subject to either quota restraints or visa requirements.

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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