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NY J88083

November 12, 2003

CLA-2-54:RR:NC:TA:352 J88083


TARIFF NO.: 5407.73.2015

Mr. John Chiu
Paul Chiu Co., Inc.
267 Fifth Avenue, Suite #902
New York, NY 10016

RE: The tariff classification of polyester/nylon blend plain woven fabric of yarns of different colors from China.

Dear Mr. Chiu:

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

The submitted sample, designated as style “Babylon”, is a plain woven fabric constructed of yarns of different colors. Laboratory analysis indicates that this product is composed of 50.4% filament polyester and 49.6% filament nylon. It contains 57.6 single yarns per centimeter in the warp and 34 single yarns per centimeter in the filling. Weighing 114.1 g/m2, this item will be imported in 150 centimeter widths.

The applicable subheading for the woven fabric designated as style “Babylon” will be 5407.73.2015, 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 synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2. The duty rate will be 9.4 percent ad valorem.

This fabric falls within textile category designation 620. 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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