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NY 807401

March 17, 1994

CLA-2-54:S:N:N6:352 807401


TARIFF NO.: 5407.60.9970

Mr. John P. Coen
John F. Kilroy Co., Inc.
One World Trade Center, Suite 1569
New York, NY 10048

RE: The tariff classification of woven polyester and rayon fabric from Japan.

Dear Mr. Coen:

In your letter dated February 28, 1995, on behalf of your client Nissho Iwai Textiles (U.S.A.), Inc., you requested a classification ruling.

You have submitted a sample of plain woven fabric that is identified as Georgette Flock Print Design. It is constructed of a base fabric composed of 100% non-textured filament polyester. The base fabric is flock printed with a floral design. This textile flock is composed primarily of rayon fiber. The fabric is manufactured with 50 denier yarns in both the warp and filling. It contains 39 single yarns per centimeter in the warp and 33 single yarns per centimeter in the filling. This textile product weighs 85 g/m2 and it will be imported in 112 centimeter widths. Your letter of inquiry states it is your opinion that this woven fabric would be classified under heading 5407 of the Harmonized Tariff Schedule of The United States (HTS). We concur with your opinion. The sample is being returned as requested.

The applicable subheading for the Georgette Flock Print Design woven fabric will be 5407.60.9970, HTS, 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 non-textured polyester filaments, other, other, printed, weighing not more than 170 g/m2, other. The duty rate will be 16.8 percent ad valorem.

This woven fabric falls within textile category designation 619. Based upon international textile trade agreements products of Japan are subject to the requirement of a visa only.

The designated textile and apparel categories 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
New York Seaport

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