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NY H88252

February 27, 2002

CLA-2-54:RR:NC:TA:352 H88252


TARIFF NO.: 5407.61.9970

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

RE: The tariff classification of a printed 100% non-textured filament polyester plain woven fabric from Korea.

Dear Ms. O’Shea-Moran:

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

The submitted sample, designated as style Feld-Chiffon100 Chiffon Print, is a plain woven printed fabric composed of 100% non-textured filament polyester. This item is characterized by a stylized printed floral motif. It contains 26 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. This product is constructed using 75 denier filament yarns in both the warp and the filling. Weighing 58 g/m2, this fabric will be imported in 113 centimeter widths. It is assumed that the yarns that comprise this fabric have a twist of more than 472 turns per meter.

The applicable subheading for the printed plain woven fabric will be 5407.61.9970, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, printed, weighing not more than 170 g/m2, other. The rate of duty will be 15.3 percent ad valorem.

This fabric falls within textile category designation 619. Based upon international textile trade agreements products of Korea 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 646-733-3045.


Robert B. Swierupski

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