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August 13, 1999

CLA-2-54:RR:NC:TA:352 E85741


TARIFF NO.: 5407.41.0030

Ms. Jennie Feng
Fabtex Inc.
1980 Wright Avenue
La Verne, CA 91750

RE: The tariff classification of a bleached 100% filament nylon plain woven fabric from Taiwan.

Dear Feng:

In your letter dated August 4, 1999 you requested a classification ruling.

The submitted sample, designated as style 70HUTAS, is a plain woven fabric composed of 100% filament nylon. It contains 63 single yarns per centimeter in the warp and 26.8 single yarns per centimeter in the filling. This product is constructed using 70 denier filament yarns in the warp and 165 denier filament yarns in the filling. The fabric has been dyed white using an optical brightener. Weighing 107.65 g/m2, this item will be imported in widths exceeding 30 centimeters.

Although you indicate that you believe that this fabric should be considered a dyed woven fabric, this is not the case. Subheading Note 1(f) to Section XI of the Harmonized Tariff Schedules defines Bleached woven fabric as:

Woven fabric which:

(i) Has been bleached or, unless the context otherwise requires, dyed white or treated with a white dressing, in the piece;

(ii) Consists of bleached yarn; or

(iii) Consists of unbleached and bleached yarn.

Since the product before us for consideration has been dyed white, it is considered a bleached woven fabric.

The applicable subheading for the woven fabric designated as style 70HUTAS will be 5407.41.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other fabrics, containing 85 percent or more by weight of filaments of nylon or other polyamides, unbleached or bleached, other, weighing not more than 170 g/m2. The duty rate will be 15.3 percent ad valorem.

This fabric falls within textile category designation 620. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Alan Tytelman at 212-637-7092.


Robert B. Swierupski

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