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NY N009763




May 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9905, 5407.61.9925, 5210.39.4090, 5407.73.2015, 5407.61.9955

Paulina M. Sastre
The Basket Company & Co.
20 Blay Street, Suite 2
Bechara Industrial Park
San Juan, PR 00920

RE: The tariff classification of jacquard woven fabric from China.

Dear Ms. Sastre:

We received your requested for a tariff classification ruling regarding woven fabrics. Five samples of woven fabrics were submitted with your ruling request and will be returned to you.

The first sample is identified as pattern “4624-4”. It is composed of 100% non-textured filament polyester. The fabric is a bleached jacquard woven. It contains 35 single yarns per centimeter in the warp and 19 single yarns per centimeter in the filling. This product is constructed using 150 denier filament polyester yarns in both the warp and filling. Weighing 120 g/m2, this fabric will be imported in 220 centimeter-widths.

The second sample is identified as pattern “3388-2”. It is composed of 100% non-textured filament polyester. The fabric is a dyed jacquard woven. It contains 35 single yarns per centimeter in the warp and 19 single yarns per centimeter in the filling. This product is constructed using 150 denier filament polyester yarns in both the warp and filling. Weighing 120 g/m2, this fabric will be imported in 220 centimeter-widths.

The third sample is identified as pattern “4 #”. It is composed of 40% non-textured filament polyester and 60% cotton. The fabric is a dyed jacquard woven. It contains 35 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed using 150 denier filament polyester yarns in the warp and 10/1 c.c. cotton yarns in the filling. Weighing 156 g/m2, this fabric will be imported in 220 centimeter-widths. Based on the data provided the average yarn number for this fabric has been calculated to be 33 in the metric system.

The fourth sample is identified as pattern “1 #”. It is composed of 50% non-textured filament polyester and 50% filament polypropylene. The fabric is a jacquard woven of yarns of different colors. It contains 35 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed using 150 denier filament polyester yarns in the warp and 300 denier filament polypropylene yarns in the filling. Weighing 132 g/m2, this fabric will be imported in 220 centimeter-widths.

The fifth sample is identified as pattern “FA3711-3”. It is composed of 100% non-textured filament polyester. The fabric is a jacquard woven of yarns of different colors. It contains 60 single yarns per centimeter in the warp and 25 single yarns per centimeter in the filling. This product is constructed using 150 denier filament polyester yarns in the warp and 300 denier filament polyester yarns in the filling. Weighing 177 g/m2, this fabric will be imported in 220 centimeter-widths.

The applicable subheading for pattern 4624-4 will be 5407.61.9905, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, unbleached or bleached, weighing not more than 170 g/m2, flat fabrics. The rate of duty will be 14.9 percent.

The applicable subheading for pattern 3388-2 will be 5407.61.9925, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, dyed, weighing not more than 170 g/m2, flat fabrics. The rate of duty will be 14.9 percent.

The applicable subheading for pattern 4 # will be 5210.39.4090, HTSUS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, dyed, other fabrics other, of number 42 or lower number, other. The rate of duty will be 8.8 percent.

The applicable subheading for pattern 1 # will be 5407.73.2015, 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 rate of duty will be 8.5 percent.

The applicable subheading for pattern FA3711-3 will be 5407.61.9955, 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 polyester filaments, containing 85 percent or more by weigh of non-textured polyester filaments, other, other of yarns of different colors, weighing more than 170 g/m2. The rate of duty will be 14.9 percent.

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/.

The patterns identified as 4624-4 and 3388-2 fall within textile category 619. Patterns 1 # and FA3711-3 fall within textile category 620 and pattern 4 # falls within category 220. 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.

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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