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NY L88769




February 26, 2007

CLA-2-55:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.11.0040

Mr. Chris Bustamante
Apparel Transportation, Inc.
9950 NW 17th Street
Miami, Florida 33172

RE: The status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of polyester/rayon/spandex fabric from El Salvador.

Dear Mr. Bustamante:

In your letter dated January 12, 2006, on behalf of your client, Nines Inc., you requested a ruling on the status of polyester/rayon/spandex fabric from El Salvador under DR-CAFTA.

You submitted the sample identified as “T/R Bi-Stretch Fabric”. We requested an analysis by the U.S. Customs and Border Protection (CBP) Laboratory. Their analysis provided the following information: T/R Bi-Stretch Fabric is a dyed twill woven fabric composed of 58.5% filament polyester, 34.7% rayon staple fibers and 6.8% filament spandex. Your correspondence states the fiber length is 5.1 centimeters. The warp and filling yarn is 54.19/1 combined. Weighing 254.7 g/m2, the fabric will be imported in 147.32-centimeter widths.

An informal thread count was conducted to determine the warp ends and filling picks. The results of the thread count were 47 warp ends per centimeter and 35 filling picks per centimeter.

The applicable subheading for this fabric will be 5515.11.0040, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for other woven fabrics of synthetic staple yarn, of polyester staple fibers, mixed mainly or solely with viscose rayon staple fibers, satin weave or twill weave. The rate of duty will be 14.9 percent.

You did not provide sufficient information concerning the manufacturing process of the fabric to determine whether it qualifies for preferential treatment under the DR-CAFTA. Thus, we are unable to rule on the tariff treatment of the fabric if it were imported into the U.S. in its present condition.

This fabric falls within textile category 617. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Your inquiry also suggests that the submitted sample may be considered a fabric not available in commercial quantities in a timely manner from producers in the United States or other DR-CAFTA countries as enumerated in Annex 3.25 and thus eligible for substitution for such fabrics under the terms of the DR-CAFTA.

We have examined the descriptions of the fabrics listed in Annex 3.25. As of February 22, 2007, T/R Bi-Stretch Fabric does meet the “Certain Woven Two-Way Stretch Fabrics” specifications listed in Annex 3.25 under the DR-CAFTA. The actual origin of the T/R Bi-Stretch Fabric will not be taken into consideration when determining a textile or apparel good’s qualification for preferential tariff treatment under the DR-CAFTA. However, all other fabrics, yarns or fibers in the component that determines the good’s classification must meet the tariff shift of other rule of origin in general note 29. In this regard, it is suggested that you request a ruling on the classification and DR-CAFTA eligibility of any such textile or apparel goods prior to importing them into the U.S.

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 the World Wide Web at http://www.usitc.gov/tata/hts/.

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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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