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NY M84692




July 10, 2006

CLA-2-58:RR:NC:TA:352 M84692

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080

Mr. Andrew Gerard
Aries Global Logistics
Airport Industrial Park
145 Hook Creek Boulevard, Bldg. A-3A
Valley Stream, NY 11581

RE: The tariff classification of an embroidered nylon/polyester blend plain woven fabric from China.

Dear Mr. Gerard:

In your letter dated June 22, 2006, on behalf of your client Polysindo (USA) inc., you requested a tariff classification ruling.

The submitted sample, designated as style CH-K 230T “Pintuck Taffeta”, is an embroidered plain woven fabric composed of 55% filament nylon and 45% filament polyester. The base fabric contains 57.1 single yarns per centimeter in the warp and 33.4 single yarns per centimeter in the filling. It has been constructed using yarns of different colors. The embroidery stitches have gathered the fabric into ridges creating a diamond pattern. Weighing approximately 114 g/m2, this product will be imported in 135 centimeter widths.

The applicable subheading for the embroidered fabric will be 5810.92.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for embroidery in the piece, in strips or in motifs, other embroidery, of man-made fibers, other, other, other. The duty rate for this provision is governed by additional U.S. Note 3 to Chapter 58 which provides that the rate of duty is 7.4 percent ad valorem but in the case of embroidery in the piece not less than the rate which would apply to the fabric if not embroidered. Since the base fabric without the embroidery is classifiable in subheading 5407.73.2015, HTSUS, which provides a rate of duty of 8.5 percent ad valorem, the rate of duty for the embroidered fabric will be 8.5 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/.

Goods classifiable in subheading 5810.92.9080, HTS, which are produced in China are not subject to either quota restraints or visa requirements.

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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