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NY K87694




July 19, 2004
CLA-2-55:RR:NC:TA:352 K87694

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.11.0020; 5515.12.0010

Ms. Sonya Everding
UPS Supply Chain Solutions
2430 Mall Drive, Suite 195
North Charleston, SC 29406

RE: The tariff classification of two greige polyester/cotton blend plain woven fabrics from Cambodia.

Dear Ms. Everding:

In your letter dated July 13, 2004, on behalf of your client Artex International you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style “POP452”, is a greige plain woven fabric composed of 65% staple polyester and 35% cotton. It contains 39.37 single yarns per centimeter in the warp and 20.08 single yarns per centimeter in the filling. This product is constructed using 26/1 c.c. yarns in both the warp and the filling. Weighing 155 g/m2, this item will be imported in 173 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 38 in the metric system.

Style “POP8020”, is a greige plain woven fabric composed of 46% staple polyester, 29% filament polyester and 25% cotton. It contains 39.37 single yarns per centimeter in the warp and 22.05 single yarns per centimeter in the filling. This product is constructed using 26/1 c.c. yarns in the warp and 150 denier polyester filament yarns in the filling. Weighing 150 g/m2, this item will be imported in 173 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 40 in the metric system.

The applicable subheading for the greige plain woven fabric designated as style “POP452” will be 5513.11.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, unbleached or bleached, of polyester staple fibers, plain weave, poplin or broadcloth. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for the greige plain woven fabric designated as style “POP8020” will be 5515.12.0010, 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 man-made filaments, poplin or broadcloth. The duty rate will be 12 percent ad valorem.

Style “POP425” falls within textile category designation 614. Based upon international textile trade agreements products of Cambodia are subject to visa requirements.

Style “POP8020” falls within textile category designation 625. Based upon international textile trade agreements products of Cambodia 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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