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NY I81324

June 28, 2002

CLA-2-54:RR:NC:TA:352 I81324


TARIFF NO.: 5407.92.2050

Mr. Ed Lau
Z-Ply Corporation
525 Seventh Avenue, Suite 707
New York, NY 10018

RE: The tariff classification of dyed polyester/spandex blend satin woven fabric from Taiwan or China.

Dear Mr. Lau:

In your letter dated April 22, 2002 you requested a classification ruling.

The submitted sample, designated as style DW-664 Moleskin, is a dyed 4 X 1 satin woven fabric composed of 49.3% filament polyester, 47.9% staple polyester and 2.8% filament spandex. Laboratory analysis indicates that this product weighs 252.6 g/m2 and will be imported in 113 centimeter widths. After weaving this fabric has been buffed which has broken the fibers in a portion of the filament yarns creating some yarns that are considered to be composed of staple fiber. This fact accounts for the Customs laboratory’s finding that this fabric is composed in part of staple polyester.

The applicable subheading for the satin woven fabric 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 15.3 percent ad valorem.

This fabric falls within textile category designation 628. Based upon international textile trade agreements products of Taiwan and China 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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