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NY K86972




June 24, 2004
CLA-2-55:RR:NC:TA:352 K86972

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.13.0020; 5208.39.2020

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of a bleached polyester/cotton blend satin woven fabric and a dyed 100% cotton satin woven fabric from China.

Dear Mr. Brooks:

In your letter dated June 16, 2004 you requested a classification ruling.

The first sample is a bleached 4 X 1 satin woven fabric composed of 50% staple polyester and 50% cotton. It contains approximately 38 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This product is manufactured using 50/1 c.c. yarns in the warp and 32/1 c.c. yarns in the filling. Weighing 114 g/m2, this fabric will be imported in 137 centimeter widths.

The second sample, designated as “100% Cotton Warp Satin”, is a dyed 4 X 1 satin woven fabric composed of 100% cotton. It contains 39 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This product is constructed using 32/1 c.c. yarns in the warp and 32/1 c.c. yarns in the filling. Weighing 119 g/m2, this fabric will be imported in 137 centimeter widths.

The applicable subheading for the bleached satin woven fabric composed of 50% polyester and 50% cotton will be 5513.13.0020, 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, other woven fabrics of polyester staple fibers, satin weave or twill weave. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for the dyed satin woven fabric designated as “100% Cotton Warp Satin” will be 5208.39.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, dyed, other fabrics, satin weave or twill weave, sateens. The duty rate will be 8.8 percent ad valorem.

The bleached satin woven fabric composed of 50% polyester and 50% cotton falls within textile category designation 617. The dyed satin woven fabric designated as “100% Cotton Warp Satin” falls within textile category designation 326. 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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