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NY F89802

July 19, 2000

CLA-2-54:RR:NC:TA:352 F89802


TARIFF NO.: 5407.42.0030

Mr. Pavlos Lazos
KEL International
1838 El Camino Real #222
Burlingame, CA 94010

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

Dear Mr. Lazos:

In your letter dated July 13, 2000, on behalf of your client Creative Masters Corp., you requested a classification ruling. The sample is being returned as requested.

The submitted sample, designated as style #PS60-5 “Pearl Shr(LT. BL)”, is a dyed plain woven fabric composed of 100% filament nylon. It contains approximately 35.8 monofilaments per centimeter in the warp and 30.7 monofilaments per centimeter in the filling. Weighing approximately 25 g/m2, this product will be imported in 152 centimeter widths. Your correspondence indicates that this fabric may also be imported in other sizes including fabric cut to rectangles or squares measuring 3 yards by 10 yards, 6 yards by 10 yards and 10 yards by 10 yards. You state that this fabric will be marketed as decorations for tables, windows and pillars at festive occasions such as weddings, parties etc.

Your letter suggests that you believe that this product should be classified as other made up textile articles in subheading 6307.90.9989. Classification in this subheading requires that the textile fabric article be “made up” within the meaning of Note 7 to Section XI. The sample submitted is not a “made up” article and is therefore precluded from classification in subheading 6307.90.9989 by operation of Note 1 to chapter 63.

The applicable subheading for the plain woven fabric designated as style #PS60-5 as well as the other rectangular and square pieces of fabric will be 5407.42.0030, 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, containing 85 percent or more by weight of filaments of nylon or other polyamides, dyed, weighing not more than 170 g/m2. The duty rate will be 15.7 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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