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NY K83654




March 10, 2004
CLA-2-54:RR:NC:TA:352 K83654

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2010

Mr. Peter Weinrauch
Import Commodity Group Ltd.
131 East Merrick Road, 2nd Floor
Valley Stream, NY 11580

RE: The tariff classification of a metalized/nylon blend plain woven fabric from Japan.

Dear Mr. Weinrauch:

In your letter dated February 27, 2004, on behalf of your client Nipkow and Kobelt Inc., you requested a classification ruling. The samples are being returned as requested.

Three samples of woven fabric accompanied your request for a ruling. Each of the samples is identical in fiber content and construction and varies only in the color of the metalized yarns that form the fabric’s filling. The three fabrics have been designated as style “Tissue Lame” and further differentiated by color designations Gold/White, Silver/White and Aqua/White. They are characterized by having been constructed using yarns of different colors. Each of the products is a plain woven fabric composed of 52% filament nylon and 48% metalized yarn. They contain 49 single yarns per centimeter in the warp and 22.5 single yarns per centimeter in the filling. These products are constructed using 30 denier filament nylon yarns in the warp and 61 denier metalized yarns in the filling. Weighing approximately 36 g/m2, these fabrics will be imported in 112 centimeter widths.

The applicable subheading for the three plain woven fabrics 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 materials of heading 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 percent ad valorem.

These fabrics fall within textile category designation 620. Based upon international textile trade agreements products of Japan are subject to visa requirements.

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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