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NY E88495




October 26, 1999

CLA-2-52:RR:NC:TA:352 E88495

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.31.4020

Mr. Leonell Hizon
Metro Textiles Inc.
575 Anton Blvd., Suite 640
Costa Mesa, CA 92626

RE: The tariff classification of a dyed cotton/polyester blend plain woven fabric from Thailand or Taiwan.

Dear Mr. Hizon:

In your letter dated September 7, 1999 you requested a classification ruling.

The submitted sample, designated as style # 7D5R, is a dyed plain woven fabric composed of 70% cotton and 30% filament nylon. It contains 46.5 single yarns per centimeter in the warp and 31.5 single yarns per centimeter in the filling. This product is constructed using 70 denier nylon filament yarns in the warp and 20/1 c.c. cotton yarns in the filling. Weighing 195 g/m2, this fabric will be imported in 142 centimeter widths. Based on the data you provided, the average yarn number for this item has been calculated to be 40 in the metric system.

The applicable subheading for the dyed plain woven fabric will be 5210.31.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, dyed, plain weave, of number 42 or lower number, poplin or broadcloth. The duty rate will be 10.2 percent ad valorem.

This fabric falls within textile category designation 314. Based upon international textile trade agreements products of Thailand and 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.

Sincerely,

Robert B. Swierupski
Director,

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