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NY K80840




June 2, 2004
CLA-2-55:RR:NC:TA:352 K80840

CATEGORY: CLASSIFICATION

TARIFF NO.: 5512.19.0045

Mr. David Wu
Sun Action Textiles, Inc.
11272 Knott Avenue
Garden Grove, CA 92841

RE: The tariff classification of two twill woven 100% polyester fabrics from Taiwan.

Dear Mr. Wu:

In your letter dated November 24, 2003 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. Laboratory analysis of the first fabric, designated as “Dyed Twill Fabric”, indicates that it is a dyed twill woven fabric composed of 100% staple polyester. Although woven with microfiber polyester filament yarns, the subsequent buffing or sanding operation has broken the fiber in all of the yarns resulting in a fabric composed wholly of polyester staple yarns. It is characterized by a fibrous surface and a soft pliable hand. This fabric is said to contain 59 single yarns per centimeter in the warp and 40 single yarns per centimeter in the filling. Weighing 127.5 g/m2, this product will be imported in 150 centimeter widths.

Laboratory analysis of the fabric, designated as “Printed Twill Fabric”, indicates that it is a printed twill woven fabric composed of 100% staple polyester. Although woven with microfiber polyester filament yarns, the subsequent buffing or sanding operation has broken the fiber in all of the yarns resulting in a fabric composed wholly of polyester staple yarns. It is characterized by a printed stylized floral motif and features a fibrous surface and a soft pliable hand. This fabric is said to contain 59 single yarns per centimeter in the warp and 40 single yarns per centimeter in the filling. Weighing 118.4 g/m2, this product will be imported in 150 centimeter widths.

The applicable subheading for both the twill woven fabrics designated as styles “Dyed Twill Fabric” and “Printed Twill Fabric” will be 5512.19.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of polyester staple fibers, other, other, satin weave or twill weave. The duty rate will be 13.6 percent ad valorem.

Both twill woven fabrics fall within textile category designation 617. Based upon international textile trade agreements products of Taiwan 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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