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NY I88509

February 19, 2003

CLA-2-58:RR:NC:TA:352 I88509


TARIFF NO.: 5801.31.0000

Mr. Pete Michalczyk
Quantum Logistics, Inc.
5025 D Florence Street
Denver, Colorado 80239

RE: The tariff classification of a dyed nylon/spandex blend brushed woven fabric of pile construction from Japan.

Dear Mr. Michalczyk:

In your letter dated November 15, 2002, on behalf of your client Dash America Inc., DBA Pearl Izumi, you requested a classification ruling. The portion of the sample remaining after laboratory analysis is being returned to you as requested.

Laboratory analysis of the submitted sample, designated as style KOS111, indicates that this product is a dyed woven fabric of weft looped pile construction. The loop pile has been brushed creating a dense fibrous surface on one side of the fabric. This product is composed of 95.7% nylon and 4.3% spandex. Weighing approximately 230.2 g/m2, this fabric will be imported in 147 centimeter widths.

The applicable subheading for the woven fabric designated as style KOS111 will be 5801.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of man-made fibers, uncut weft pile fabrics. The duty rate will be 17.4 percent ad valorem.

This fabric falls within textile category designation 224. 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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