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NY J86828

July 25, 2003

CLA-2-55:RR:NC:TA:352 J86828


TARIFF NO.: 5515.12.0010

Ms. Pearl Hung
Silvermark Corporation
1359 Broadway, Suite 702/704
New York, NY 10018

RE: The tariff classification of a polyester/rayon/spandex blend plain woven fabric from China.

Dear Ms. Hung:

In your letter dated July 17, 2003 you requested a classification ruling.

The submitted sample, designated as style “Georgio”, is a plain woven fabric composed of 71% staple polyester, 26% filament rayon and 3% filament spandex. It is constructed using 40/2 c.c. polyester staple yarns in the warp and 150 denier filament rayon yarns plied with 40 denier filament spandex yarns in the filling. This product is manufactured with yarns of different colors and is characterized by a white pin stripe running in the warp direction. It contains 35.43 warp ends per centimeter and 24.41 filling picks per centimeter. Weighing approximately 177.3 g/m2, this fabric will be imported in 137 centimeter widths. Based on the sample and the data provided, the average yarn number for this item has been calculated to be 67 in the metric system.

The applicable subheading for the plain woven fabric designated as style “Georgio” will be 5515.12.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, poplin or broadcloth. The duty rate will be 12.5 percent ad valorem.

This plain woven fabric falls within textile category designation 625. 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.


Robert B. Swierupski

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