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NY J82655

March 28, 2003

CLA-2-54:RR:NC:TA:352 J82655


TARIFF NO.: 5407.61.9905

Mr. Michael Chen
Zhi Xing Co., Inc.
12009 Seven Locks Road
Potomac, MD 20854

RE: The tariff classification of a 100% non-textured filament polyester unbleached or bleached satin woven fabric from China.

Dear Mr. Chen:

In your letter dated March 14, 2003 you requested a classification ruling.

The submitted sample, designated as item #6300, is an unbleached or bleached 4X1 satin woven fabric composed of 100% filament polyester. Examination of the yarns that form this fabric indicate that the yarns are non-textured. Weighing approximately 125 g/m2, this fabric will be imported in 137 centimeter widths. Your correspondence indicates that this product will be used in the manufacture of care labels for various textile apparel or furnishing articles.

Your correspondence suggests that subheading 5407.51.0040, HTS, may apply to this fabric. Since the terms of this subheading require that the good classified thereunder be of textured polyester and the fabric submitted is wholly of non-textured polyester, classification in that subheading is precluded.

The applicable subheading for the satin woven polyester fabric will be 5407.61.9905, 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 85 percent or more by weight of polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, unbleached or bleached, weighing not more than 170 g/m2, flat fabrics. The duty rate will be 15.1 percent ad valorem.

This fabric falls within textile category designation 619. 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 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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