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NY J85895

September 9, 2003

CLA-2-54:RR:NC:TA:352 J85895


TARIFF NO.: 5407.61.9955

Ms. Deborah W. Lee
Metro Textile Inc.
4 Hutton Centre Drive, Suite 150
Santa Ana, California 92707

RE: The tariff classification of a 100% filament polyester woven fabric from China or Taiwan.

Dear Ms. Lee:

In your letter dated June 27, 2003 you requested a classification ruling.

The submitted sample, designated as “Electric Blanket Fabric”, is a dobby woven double cloth characterized by a complex weave creating a geometric pattern featuring various sized rectangles on both sides of the fabric. Laboratory analysis indicates that this product is composed of 100% filament polyester. Your correspondence indicates that the yarns used in the production of this fabric have not been textured. It contains 12.1 single yarns per centimeter in the warp and 18.5 single yarns per centimeter in the filling. This fabric is constructed using yarns of different colors. Weighing 377.2 g/m2, this item will be imported in 175 centimeter widths. Your letter states that this fabric will be used in the manufacture of electric blankets.

The applicable subheading for the woven fabric designated as “Electric Blanket Fabric” will be 5407.61.9955, 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, of yarns of different colors, weighing more than 170 g/m2. The duty rate will be 15.1 percent ad valorem.

This woven fabric falls within textile category designation 620. Based upon international textile trade agreements products of both China and Taiwan 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.


Robert B. Swierupski

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