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NY K80075




October 24, 2003

CLA-2-54:RR:NC:TA:352 K80075

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.83.0090

Ms. Denise Di Miceli
Cornell Group International, Inc.
147-14 182nd Street
Jamaica, NY 11413

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

Dear Ms. Di Miceli:

In your letter dated October 6, 2003, on behalf of your client RNS International Inc., you requested a classification ruling.

The submitted sample, designated as style “Eton”, is a dobby woven fabric composed of 52% filament polyester and 48% cotton. It is characterized by an intricate woven design featuring stripes of satin weave separated by areas of complex interlacing patterns creating a ribbed effect. This item is constructed using 155 denier filament polyester yarns in the warp and 8/1 c.c. cotton yarns in the filling. It contains 69.3 warp ends per centimeter and 18.5 filling picks per centimeter and has been manufactured using yarns of different colors. Weighing approximately 290 g/m2, this fabric will be imported in 145 centimeter widths.

The applicable subheading for the woven fabric designated as style “Eton” 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 heading 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.

This fabric falls within textile category designation 629. 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 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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