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NY N019803




December 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.83.0090; 6302.60.0020

Ms. Lina Ash
Myletex International Inc.
27 8th Street
Passaic, NJ 07055

RE: The tariff classification of six samples of fabric from China and Pakistan.

Dear Ms. Ash:

In your letter dated October 30, 2007, you requested a tariff classification ruling. The samples submitted will be returned to you.

You submitted the following samples: Item # 401, #720, #300, #240, #245 and 100% Terry Towel (2nds). The sample identified as Item # 401 is a jacquard fabric with yarns of different colors. It is composed of 60% filament polyester and 40% cotton. It contains 64 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This merchandise weighs 265 g/m2 and will be imported from China in 148-centimeter widths. Your correspondence indicates that this fabric will be used for upholstery and curtains.

The sample identified as “100% Terry Towel (2nds)” is a terry towel composed of 85% cotton and 15% polyester. The country of origin is Pakistan.

The applicable subheading for the fabric, Item # 401 will be 5407.83.0090, 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 less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, of yarns of different colors, other. The duty rate will be 8.5%.

The applicable subheading for the fabric,“100% Terry Towel (2nds)” will be 6302.60.0020, HTSUS, which provides for bed linen, table linen, toilet linen and kitchen linen, toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton, towels, other. The duty rate will be 9.1%.

Item # 401 falls within textile category 629 and 100 % Terry Towel (2nds) falls within textile category 363. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on Item # 240, #300 and # 720. Your request for a classification ruling for these items should include the following:

Please provide a sample at least 18” X 18” identified by style name and number.

Please provide the generic name of each fiber and indicate whether the fiber is staple or filament. Also provide the weight for each generic fiber treating the staple and filament as separate materials.

Provide the width of the fabric in centimeters.

Provide the weight of the fabric in grams per square meter.

Provide the number of single yarns per centimeter in the warp and the number of single yarns per centimeter in the filling.

Provide the yarn sizes in the warp and filling including the number of plies forming each yarn.

Provide the average yarn number.

If containing filament yarns indicate whether the yarns are textured or non-textured.

If containing filament yarns specify whether yarns are high tenacity and if high tenacity indicate the tenacity in centinewtons per tex.

If containing staple yarns indicate whether the yarns are combed or carded.

Specify the weave employed in producing the fabric. For example: plain, twill, satin, jacquard, pique, dobby, lappet, etc.

Provide the number of turns per meter in each type of yarn present in the fabric.

Indicate the type of loom used to weave the fabric. For example dobby, jacquard etc.

Specify the trade name and style name and number by which the fabric is designated.

Indicate whether the fabric is unbleached, bleached, dyed, composed of yarns of different colors and/or printed.

Indicate whether or not the fabric is coated and if so, specify the type of coating. For example, latex, acrylic, SBR.

Specify name of manufacturer and country of origin.

Your inquiry also does not provide enough information for us to give a classification ruling on Item # 245. Your request for a classification ruling for these items should include the following:

Please provide the generic name of each fiber and indicate whether the fiber is staple or filament. Also provide the weight for each generic fiber treating the staple and filament as separate materials.

Please provide the fiber content of pile yarns.

Provide the weight of the fabric in grams per square meter.

Provide the width of fabric in centimeters.

Provide whether or not the fabric is of looped pile construction.

When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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