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NY K84342




March 19, 2004
CLA-2-55:RR:NC:TA:352 K84342

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.11.0020

Ms. Krisanne Stecklair
Mothers Work, Inc.
456 North Fifth Street
Philadelphia, PA 19123

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

Dear Ms. Stecklair:

In your letter dated March 15, 2004 you requested a tariff classification ruling. The sample is being returned as requested.

The submitted sample, designated as style “Helen”, is a dyed plain woven fabric composed of 64% staple polyester, 31% staple rayon and 5% filament spandex. It contains 24 warp ends per centimeter and 22 filling picks per centimeter. This Item is constructed using identical 3-ply yarns in both the warp and filling. Each yarn in the warp and filling consists of a spandex filament twisted with a 28/1 c.c. polyester/rayon blend yarn which in turn is twisted with a second size 28 /1 c.c. polyester/rayon blend yarn. Weighing 285 g/m2, this product will be imported in 140 centimeter widths. Based on the data provided and our examination of the sample, the average yarn number for this fabric has been calculated to be 48 in the metric system.

The applicable subheading for the dyed plain woven fabric designated as style “Helen” will be 5515.11.0020, 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, sheeting. The rate of duty will be 14.9 percent ad valorem.

At the present time goods classifiable in subheading 5515.11.0020, HTS, and produced in Turkey are not subject to either quota restraints or visa requirements.

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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