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NY 889457

September 20, 1993

CLA-2-55:S:N:N6:352 889457


TARIFF NO.: 5513.41.0020; 5806.32.2000

Ms. Cecilia A. Cormier
Hasbro, Inc.
P. O. Box 1059
Pawtucket, Rhode Island 02862-1059

RE: The tariff classification of polyester and cotton woven fabric from China, Taiwan or Korea.

Dear Ms. Cormier:

In your letter dated August 8, 1993, you requested a classification ruling.

The submitted sample is identified as style no. 01-01-02. According to laboratory analysis, it is composed of 64% staple polyester and 36% cotton. This plain woven fabric is constructed using 45/1 c.c. yarns in both the warp and filling. Weighing 122 g/m2, this merchandise will be imported in widths ranging between 111 and 114 centimeters. The printed fabric contains 55.1 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. The average yarn number has been calculated to be 69 in the metric system. Your correspondence indicated that this fabric will be imported in bulk on bolts.

The applicable subheading for style no. 10-01-02 will be 5513.41.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, printed, of polyester staple fibers, plain weave, poplin or broadcloth. The duty rate will be 17 percent ad valorem.

This merchandise falls within textile category designation 614. Based upon international textile trade agreements, products of China, Taiwan and Korea are subject to quota restrictions and visa requirements.

Your letter of inquiry states that this fabric may be imported pre-cut to 1 1/4 " widths and imported in material lengths. If this product does not have selvages it would be classified under the same subheading as the wide width fabric. If the fabric has a selvage or false selvage on both sides, it would be classified in Chapter 58 as "narrow woven fabric". According to

Chapter 58 Note 5 (a) the term "narrow woven fabric" means woven fabrics of a width not exceeding 30 centimeters, whether woven as such or cut from larger pieces, provided with selvages (woven, gummed or otherwise made) on both edges.

Therefore, if the 1 1/4 inch wide fabric has selvages or false selvages on both edges, then it would be classified in subheading 5806.32.2000, HTS, which provides for narrow woven fabrics, other than goods of heading 5807, other woven fabrics of man-made fibers, other. The rate of duty will be 7 percent ad valorem. This merchandise would fall within category designation 229. Based upon international textile trade agreements, products of China, Taiwan and Korea are subject to quota restrictions and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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