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NY H88249

February 26, 2002

CLA-2-58:RR:NC:TA:352 H88249


TARIFF NO.: 5809.00.0000

Ms. Colleen O’Shea-Moran
Jo-Ann Stores, Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of a plain woven fabric composed of 31% filament nylon and 69% metalized yarn from Japan.

Dear Ms. O’Shea-Moran:

In your letter dated February 18, 2002 you requested a classification ruling.

The submitted sample, designated as style BTex-TL Pearlized Tissue Lame, is a plain woven fabric manufactured with yarns of different colors. It is composed of 31% nylon and 69% metalized yarns with the weft consisting of metalized strip that meet the dimensional requirements to be considered textile strip. Weighing 51 g/m2, this product will be imported in 112 centimeter widths. It contains 49 single yarns per centimeter in the warp and 22 strips per centimeter in the filling.

The applicable subheading for the plain woven fabric will be 5809.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of metal thread and woven fabrics of metalized yarn of heading 5605, of a kind used in apparel, as furnishing fabrics or for similar purposes, not elsewhere specified or included. The duty rate will be 15.3% percent ad valorem.

This plain woven fabric when produced in Japan is not subject to either quota restraints or visa requirements based upon international textile trade agreements.

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 646-733-3045.


Robert B. Swierupski

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