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NY L86946




August 19, 2005

CLA-2-54:RR:NC:TA:352 L86946

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.53.2060

Ms. Liza V. Schaeffer
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, New York 10022-4877

RE: The tariff classification of three 100% polyester jacquard woven fabrics from China.

Dear Ms. Schaeffer:

In your letter dated August 12, 2005, on behalf of your client H.M. Richards, Inc., you requested a classification ruling. The submitted samples are being returned as requested.

Three samples of woven fabric accompanied your request for a ruling. Style F3591 (HMR 2792-58) is a jacquard woven fabric composed of 100% textured filament polyester. It is characterized by an elaborate woven design featuring stylized flowers and leaves. The fabric has been manufactured with yarns of different colors. This product is constructed using 150 denier filament polyester yarns in the warp and 300 denier filament polyester yarns in the filling. It contains 64 single yarns per centimeter in the warp and 48 single yarns per centimeter in the filling. Weighing 287 g/m2, this fabric will be imported in 150 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Style F3588 (HMR 2790-58) is a jacquard woven fabric composed of 100% textured filament polyester. It is characterized by an elaborate woven design featuring a floral motif. The fabric has been manufactured with yarns of different colors. This product is constructed using 150 denier filament polyester yarns in the warp and 300 denier filament polyester yarns in the filling. It contains 64 single yarns per centimeter in the warp and 48 single yarns per centimeter in the filling. Weighing 287 g/m2, this fabric will be imported in 150 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric.

Style F3542 (HMR 2791-58) is a jacquard woven fabric composed of 100% textured filament polyester. It is characterized by an elaborate woven design featuring prominent ribs running in the filling direction. The fabric has been manufactured with yarns of different colors. This product is constructed using 150 denier filament polyester yarns in the warp and 300 denier filament polyester yarns in the filling. It contains 64 single yarns per centimeter in the warp and 48 single yarns per centimeter in the filling. Weighing 287 g/m2, this fabric will be imported in 150 centimeter widths. Your correspondence indicates that this item will be used as an upholstery fabric,

The applicable subheading for the three jacquard woven fabrics designated as styles F3591, F3588 and F3542 will be 5407.53.2060, 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 textured polyester filaments, of yarns of different colors, other, weighing more than 170 g/m2. The duty rate will be 12 percent ad valorem.

All three fabrics fall within textile category designation 620. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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