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NY L83959




May 5, 2005

CLA-2-58:RR:NC:3:350 L83959

CATEGORY: CLASSIFICATION

TARIFF NO.: 5807.10.2020, 5407.69.2060

Ms. Christy Sakmar-Allison
Stahls’ Inc.
P.O. Box 628
St. Clair Shores, MI 48080

RE: The tariff classification of two polyester twill woven fabrics, and four badges/emblems

Dear Ms. Sakmar-Allison:

In your letter received April 8, 2005, which was a follow up to an earlier request that was returned for more information, you requested a tariff classification ruling. The samples you submitted of woven fabrics and badges/emblems are being retained by this office.

In NY L80664 this office ruled on three badges/emblems and requested additional information on two woven swatches. You have provided the information requested on the two woven twill swatches. In addition, you have submitted four samples of die-cut badges/emblems produced from woven polyester twill fabrics.

The four badges/emblems are all produced from twill woven fabrics composed of polyester man-made fibers. One is two-layer die cut in the form of the letter “R”. The second one is three-layer die cut in the form of the letter “T”. The third one is a three-layer name logo which forms the logo “Sneads”. The fourth one is a single layer name logo which forms the logo “White House”. These four badges are designed to be heat sealed onto various garments such as shirts and/or team jackets via the heat-seal adhesive contained on their respective posterior surfaces.

The mustard colored fabric swatch described as “Uncoated Poly Twill” and the orange colored swatch described as “Poly Twill with adhesive” are dyed twill woven fabrics composed of 100 percent filament polyester. They are constructed using 150 denier nontextured filament polyester yarns in the warp and 300 denier textured filament polyester yarns in the filling. Weighing 220 g/m2, these products will be imported in 129.5 centimeter widths. You state that the orange fabric swatch is coated with an adhesive. This office presumes that the adhesive, which is not visible to the naked eye, is a formulation based on plastic polymers and would not meet the definition of rubber.

The applicable subheading for the four badges/emblems will be 5807.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for labels, badges and similar articles of textile materials, in the piece, in strips or cut to shape or size, not embroidered, woven of man-made fibers.

The applicable subheading for the mustard colored swatch described as “Uncoated Poly Twill” and the orange colored swatch described as “Poly Twill with Adhesive” will be 5407.69.2060, 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, containing 85 percent or more by weight of polyester filaments: Other: Dyed Weighing more than 170 gm2.

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 Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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