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NY J81963




May 7, 2003

CLA-2-54:RR:NC:TA:352 J81963

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.83.0090

Mr. James Burks
Air & Sea Cargo Express Corp.
175-01 Rockaway Blvd., Room 303
Jamaica, NY 11434

RE: The tariff classification of a polyester/cotton blend jacquard woven fabric of yarns of different colors from China.

Dear Mr. Burks:

In your letter dated March 7, 2003, on behalf of your client Jeffery Fabrics, Inc., you requested a classification ruling.

Laboratory analysis indicates that the submitted sample, designated as style XD-001, is a jacquard woven fabric composed of 52.8% filament polyester, 13.5% staple polyester and 33.7% cotton. It contains 70 single yarns per centimeter in the warp and 25 single yarns per centimeter in the filling. This item is manufactured using 150 denier filament polyester yarns in the warp and a combination of 150 denier filament polyester yarns, 7/1 c.c. staple polyester yarns and 7/1 c.c. cotton yarns in the filling. Constructed with yarns of different colors, this product is characterized by an intricate woven design featuring a floral motif. Weighing 299 g/m2, this fabric will be imported in 142 centimeter widths. Your correspondence indicates that this item was coated with an application of styrene butadiene rubber, however the laboratory has not detected any coating. Consequently we are not considering this product to be a fabric coated with rubber.

The applicable subheading for the jacquard woven fabric designated as style XD-001 will be 5407.83.0090, 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 less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, of yarns of different colors, other. The duty rate will be 9.4 percent ad valorem.

This jacquard woven fabric falls within textile category designation 629. Based upon international textile trade agreements products of 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Sincerely,

Robert B. Swierupski
Director,

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