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NY N020828




December 19, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.61.9930

Mr. Troy D. Crago
Atico International USA Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of 100% polyester woven fabric from China.

Dear Mr. Crago:

In your letter dated November 12, 2007, you requested a tariff classification ruling.

The submitted sample is identified as pattern “A075DA01460”. It is composed of 100% filament polyester fibers. The fabric is a dyed plain woven fabric. This merchandise weighs 24.5 g/m2 and will be imported in 147-centimeter widths. The fabric is hemmed along two sides and will be imported in continuous lengths. A075DA01460 will be offered in the following colors: burgundy, red, deep green, sage green, golden and white. You indicate this merchandise will be used as Christmas sheer fabric swag. The sample submitted will be returned to you as requested.

Section XI, Note 7(c) states, “For the purposes of this section the expression "made-up" means hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unraveling by whipping or by other simple means”. The merchandise submitted has been hemmed on the two seams running the length of the fabric; however, the two ends that run the width of the fabric are not hemmed. The fabric, Style # A075DA01460, is not considered a "made-up" article for tariff purposes.

The applicable subheading for this fabric will be 5407.61.9930, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabric 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, other. 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/.

This fabric falls within textile category 619. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries.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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