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NY H88253

February 28, 2002

CLA-2-54:RR:NC:TA:352 H88253


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 100% filament polyester plain woven printed fabric from Japan.

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-5024 Flocked Ciffon, is a printed plain woven fabric composed of 100% non-textured filament polyester. It contains 31.5 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. This item is constructed using 50 denier filament polyester yarns in both the warp and filling. Weighing 55 g/m2, this product will be imported in 112 centimeter lengths. It is characterized by having a floral motif that has been created by printing flock onto the base fabric.

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 the 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 Japan are subject visa requirements.

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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