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NY E89796

December 15, 1999

CLA-2-54:RR:NC:TA:352 E89796


TARIFF NO.: 5407.92.2050; 6307.10.2030

Mr. Albert J. White
Herbert J. White, Limited
25 Piccadilly Trading Estate,
Giddings Road
Manchester M1 2HW, United Kingdom

RE: The tariff classification of 100% polyester satin woven fabric and woven lens cloths from China.

Dear Mr. White:

In your letter dated November 5, 1999 you requested a classification ruling.

Your letter indicates that you contemplate exporting both fabric and lens cloths to the United States. In scenario one you will purchase woven fabric made in China and ship it to your customs warehouse in the United Kingdom. Then the fabric will be exported to your customer in the United States. In scenario two, the Chinese fabric will be shipped directly from the manufacturer in China to your customer in the United States. In scenario 3, the fabric is exported into the United Kingdom from China where it will be printed and cut into lens cloths. The cut and printed lens cloths would then be exported to the United States. In scenario four, the Chinese woven fabric is dyed cut into lens cloths in China and either printed or left unprinted. The goods are then shipped to the United Kingdom and then exported to the United States.

One of the submitted samples is a swatch of the dyed satin woven fabric produced in China and designated as style HW 190. Although you have indicated that the fabric is composed of 100% filament polyester, our laboratory analysis indicates that this fabric is composed of 52.9% filament polyester and 47.1 % staple polyester. This product has been sanded subsequent to weaving. This sanding process has broken some of the filament fibers into short staple fibers and this fact accounts for the laboratory finding that a portion of the polyester in this product is of staple fiber. This fabric weighs 152 g/m2, and will be imported into the United States in 144 centimeter widths.

The second product is a polyester satin woven lens cloth measuring 6” X 4” and made from the fabric described above. This lens cloth has been cut using a special die resulting in the cloth having a scalloped edge.

The applicable subheading for the fabric, designated as style HW190, when imported using either scenario one or two will be 5407.92.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, dyed, other, other, satin weave or twill weave. The duty rate will be 16 percent ad valorem if imported in 1999 and 15.7 percent ad valorem if imported in 2000.

The applicable subheading for the lens cloth whether imported using either scenario three or four will be 6307.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns, floorcloths, dishcloths, dusters and similar cleaning cloths, other, other. The duty rate will be 7.9 percent ad valorem in 1999 and 7.4 percent ad valorem in 2000.

The woven fabric designated as style HW 190 falls within textile category designation 628. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. The lens cloths are not currently subject to visa requirements or quota restraints.

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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