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NY M82164





July 25, 2006

CLA-2-55:RR:NC:TA:352 M82164

CATEGORY: CLASSIFICATION

TARIFF NO.: 5512.19.0015; 5515.12.0040

Mr. Michael Shih
Metro Textile, Inc.
4 Hutton Center Drive, Suite 150
Santa Ana, California 92707

RE: The tariff classification of two dyed 100% polyester woven fabrics from China.

Dear Mr. Shih:

In your letter dated April 6, 2006 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. Laboratory analysis of the first, designated as style 040319XYMF 003, indicates that it is a dyed plain woven fabric composed of 100% staple polyester. It contains 54.4 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. This fabric is characterized by a brushed surface resulting in a soft hand and a fibrous surface on one side of the fabric. Although this product was initially woven using filament polyester yarns, the subsequent brushing or sanding process has broken the fiber in all of the yarns in both the warp and filling transforming the fiber in these yarns from filament to staple fiber. Consequently, the brushed fabric is composed wholly of staple polyester. Weighing 100.1 g/m2, this item will be imported in 152 centimeter widths. Based on the sample, the average yarn number for this fabric has been calculated to be 84 in the metric system.

Laboratory analysis of style 040319XYMF 004 indicates that it is a dyed 2 X 1 twill woven fabric composed of 65.2% staple polyester and 34.8% filament polyester. This fabric is characterized by a brushed surface resulting in a soft hand and a fibrous surface on one side of the fabric. Although this product was initially woven using filament polyester yarns, the subsequent brushing or sanding process has broken the fiber in a portion of the yarns transforming the fiber in these yarns from filament to staple fiber. Consequently, the brushed fabric is composed of a mixture of filament and staple polyester. Weighing 157 g/m2, this item will be imported in 152 centimeter widths.

The applicable subheading for the plain woven fabric designated as style 040319XYMF003 will be 5512.19.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of polyester staple fibers, other, other, poplin or broadcloth. The duty rate will be 13.6 percent ad valorem.

The applicable subheading for the twill woven fabric designated as style 040319XYMF004 will be 5515.12.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, satin weave or twill weave. The duty rate will be 12 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The plain woven fabric designated as style 040319XYMF003 falls within textile category designation 614 while the twill woven fabric designated as style 040319XYMF004 falls within textile category designation 628. At the present time for goods produced in China textile category designations 614 and 628 are not subject to either quota restraints or visa requirements. 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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