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NY I86781

October 17, 2002

CLA-2-55:RR:NC:TA:352 I86781


TARIFF NO.: 5512.19.0045

Mr. Matthew McDonagh
King Menus
125 W. Taylor Avenue
Meridian, Idaho 83642

RE: The tariff classification of a dyed 100% staple polyester twill woven fabric from Pakistan.

Dear Mr. McDonagh:

In your letter dated October 11, 2002 you requested a classification ruling.

The submitted sample is a dyed 3 X 1 twill woven fabric composed of 100% staple polyester. Weighing approximately 254 g/m2, this fabric will be imported in 150 centimeter widths. Your correspondence indicates that this fabric will be used in the manufacture of aprons.

The applicable subheading for the twill woven fabric will be 5512.19.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of polyester staple fibers, other, other, satin weave or twill weave. The duty rate will be 14.3 percent ad valorem.

This fabric falls within textile category designation 617. Based upon international textile trade agreements products of Pakistan 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.

Your request also inquires about the country of origin marking of the finished apron. You have not provided sufficient information to render an opinion on this question. Please provide a sample of the finished apron along with a complete description of each step in the manufacturing process. Identify each component of the apron and where it was manufactured. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. ยง1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20508 on the propriety of proposed markings indicating that an article is made in the U.S.

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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