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NY K83931




March 15, 2004
CLA-2-55:RR:NC:TA:352 K83931

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.11.0040

Mr. John A. Schoenig
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of a dyed polyester/rayon/spandex blend twill woven fabric from China.

Dear Mr. Schoenig:

In your letter dated March 5, 2004, on behalf of your client Pressman Gutman Co., Inc., you requested a classification ruling. The submitted sample is being returned as requested.

The submitted sample, designated as style “Correction Twill”, is a dyed twill woven fabric composed of 62% staple polyester, 33% staple rayon and 5% filament spandex. It contains 40.9 warp ends per centimeter and 27.6 filling picks per centimeter. The fabric is constructed using three ply yarns consisting of two size 40 c.c. polyester/rayon blend staple yarns combined with a 40 denier filament spandex yarn in both the warp and the filling. Weighing approximately 285 g/m2, this product will be imported in 152 centimeter widths

The applicable subheading for the twill woven fabric designated as style “Correction Twill” will be 5515.11.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with viscose rayon staple fibers, other, satin weave or twill weave. The duty rate will be 14.9 percent ad valorem.

This twill woven fabric falls within textile category designation 617. 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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