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NY J89719




October 23, 2003

CLA-2-54:RR:NC:TA:352 J89719

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2010; 5211.49.0020; 5407.83.0090;

Mr. Paul Chiu
Paul Chiu Co., Inc.
267 Fifth Avenue
New York, NY 10016

RE: The tariff classification of four jacquard woven fabrics from China.

Dear Mr. Chiu:

In your letter dated September 25, 2003 you requested a classification ruling.

Four samples of jacquard woven fabric accompanied your request for a ruling. The first, designated as “5001 Series”, is a jacquard woven fabric composed of 52% filament polyester and 48% filament rayon. Constructed with yarns of different colors, it contains 67 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. This product is characterized by a stylized floral motif that has been woven into the fabric. Weighing 309 g/m2, this fabric will be imported in 140 centimeter widths.

Style “H8854 Series”, is a jacquard woven fabric composed of 60% cotton and 40% filament polyester. Constructed with yarns of different colors, it contains 67 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. The fabric is manufactured with 150 denier filament polyester yarns in the warp and 7/1 c.c. cotton yarns in the filling. This product is characterized by an intricate woven geometric pattern. Weighing 270 g/m2, this fabric will be imported in 150 centimeter widths.

Style “FU317 Series”, is a jacquard woven fabric composed of 45% cotton and 55% filament polyester. Constructed with yarns of different colors, it contains 70 single yarns per centimeter in the warp and 34 single yarns per centimeter in the filling. The fabric is manufactured with 150 denier filament polyester yarns in the warp and 10/1 c.c. cotton yarns in the filling. This product is characterized by an intricate woven stylized floral motif. Weighing 270 g/m2, this fabric will be imported in 140 centimeter widths.

Style “3005 Series”, is a jacquard woven fabric composed of 60% filament polyester and 40% filament rayon. Constructed with yarns of different colors, it contains 67 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This product is characterized by a stylized floral motif that has been woven into the fabric and features fleur de lys. Weighing 287 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for the two jacquard fabrics designated as styles ”5001 Series” and “3005 Series” will be 5407.93.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of 5404, other woven fabrics, of yarns of different colors, other, other, mixed mainly or solely with artificial filaments or metalized yarn. The duty rate will be 12.5 percent ad valorem.

The applicable subheading for the jacquard fabric designated as style “H8854 Series” will be 5211.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The duty rate will be 8.3 percent ad valorem.

The applicable subheading for the jacquard fabric designated as style ”FU317 Series” will be 5407.83.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of 5404, other woven fabrics, containing less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, of yarns of different colors, other. The duty rate will be 9.4 percent ad valorem.

Styles “5001 Series” and “3005 Series” fall within textile category designation 620. Style “H8854 Series” falls within textile category designation 220. Style “FU317 Series” falls 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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