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NY N008288




August 24, 2007

CLA-2-54:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.73.2015; 5810.92.9080

Charles Merendino
Mersant International LTD.
158-12 Rockaway Blvd.
Jamaica, New York 11434

RE: The tariff classification of woven fabric from China

Dear Mr. Merendino:

In your letter dated March 12, 2007, on behalf of your client, New Line Fabrics Inc., you requested a classification ruling. Eight representative samples accompanied your request and were analyzed by U.S. Customs and Border Protection Laboratory. The samples you submitted were consumed in analysis and are not available for return as requested. Our Laboratory has determined the following information.

The first sample submitted designated as style Carolina VL1008B, indicates that it is a plain woven fabric composed of 57.1% filament polyester and 42.9% filament nylon. The fabric contains 42.5 single yarns per centimeter in the warp and 33.9 single yarns per centimeter in the filling. The fabric has been constructed using 75 denier filament polyamide yarns in the warp and 150 denier filament polyester yarns in the filling. It weighs 28.2 g/m2 and is manufactured using yarns of different colors. This product will be imported in 275 centimeter widths.

The second sample designated as style California VL1008B, indicates that it is a plain woven fabric composed of 51% filament polyester and 49% filament nylon. The fabric contains 59.1 single yarns per centimeter in the warp and 32.6 single yarns per centimeter in the filling. The fabric has been constructed using 75 denier filament polyamide yarns in the warp and 150 denier filament polyester yarns in the filling. It weighs 75 g/m2 and is manufactured using yarns of different colors. This product will be imported in 145 centimeter widths.

The third sample designated as style Maine YD7029C, indicates that it is a plain woven fabric composed of 51.1% filament polyester and 48.9% filament nylon. The fabric contains 57.5 single yarns per centimeter in the warp and 28.7 single yarns per centimeter in the filling. The fabric has been constructed using 75 denier filament polyamide yarns in the warp and 150 denier filament polyester yarns in the filling. It weighs 102.7 g/m2 and is manufactured using yarns of different colors. This product will be imported in 148 centimeter widths.

The fourth sample designated as style Oregon YD7129F, indicates that it is a plain woven fabric composed of 55.4% filament polyester and 44.6% filament nylon. The fabric contains 58.2 single yarns per centimeter in the warp and 33.7 single yarns per centimeter in the filling. The fabric has been constructed using 75 denier filament polyamide yarns in the warp and 150 denier filament polyester yarns in the filling. It weighs 111.1 g/m2 and is manufactured using yarns of different colors. This product will be imported in 148 centimeter widths.

The fifth sample designated as style Nevada YD7029T, indicates that it is a plain woven fabric composed of 30.7% filament polyester and 69.3% filament nylon. The fabric contains 42.9 single yarns per centimeter in the warp and 56.5 single yarns per centimeter in the filling. The fabric has been constructed using 75 denier filament polyamide yarns in the warp and 150 denier filament polyester yarns in the filling. It weighs 118 g/m2 and is manufactured using yarns of different colors. This product will be imported in 140 centimeter widths.

The sixth sample designated as style Florida YD7129E, indicates that it is a plain woven fabric composed of 55.8% filament polyester and 44.2% filament nylon. The fabric contains 49.1 single yarns per centimeter in the warp and 29.7 single yarns per centimeter in the filling. The fabric has been constructed using 75 denier filament polyamide yarns in the warp and 150 denier filament polyester yarns in the filling. It weighs 96 g/m2 and is manufactured using yarns of different colors. This product will be imported in 148 centimeter widths.

The seventh sample designated as style Utah YD4120A, indicates that it is an embroidered plain woven fabric composed of 52.4% filament polyester and 47.6% filament nylon. It is characterized by a diamond pattern created by gathering the fabric in ridges and sewing the gathered fabric in place. In addition, embroidery stitches bisect the diamond pattern in two directions. The ground fabric contains 47.8 single yarns per centimeter in the warp and 33.5 single yarns per centimeter in the filling. The fabric has been constructed using 75 denier filament nylon yarns in the warp and 150 denier filament polyester yarns in the filling. It weighs 129.7 g/m2 while the embroidered fabric including the weight of the embroidery thread weighs 208.2 g/m2. Manufactured using yarns of different colors, this product will be imported in 120 centimeter widths.

The eighth sample designated as style Virginia CP7180C, indicates that it is an embroidered plain woven fabric composed of 50.8% filament polyester and 49.2% filament nylon. It is characterized by an embroidered floral motif that has been created using rayon embroidery threads. The ground fabric contains 59.4 single yarns per centimeter in the warp and 32.5 single yarns per centimeter in the filling. The fabric has been constructed using 75 denier filament nylon yarns in the warp and 150 denier filament polyester yarns in the filling. It weighs 120.6 g/m2 while the embroidered fabric including the weight of the embroidery thread weighs 181.6 g/m2. Manufactured using yarns of different colors, this product will be imported in 145 centimeter widths.

The applicable subheading for the fabric designated as style Carolina VL1008B, California VL1001B, Maine YD7029C, Oregon YD7129F, Nevada YD7029T and Florida YD7129E will be 5407.73.2015, Harmonized Tariff Schedule of the United States (HTSUS), 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 synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2. The duty rate will be 8.5 percent.

The applicable subheading for the embroidered fabrics designated as style Utah YD4120A and Virginia CP7180C 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/.

Style Carolina VL1008B, California VL1001B, Maine YD7029C, Oregon YD7129F, Nevada YD7029T and Florida YD7129E fall within textile category 620. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which 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.

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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