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NY K80802

February 23, 2004
CLA-2-55:RR:NC:TA:352 K80802


TARIFF NO.: 5515.12.0090

Mr. Jonathan M. Fee
Alston & Bird LLP
601 Pennsylvania Avenue, N.W.
North Building, 10th Floor
Washington, DC 20004-2601

RE: The tariff classification of a 100% polyester dobby woven fabric from Korea.

Dear Mr. Fee:

In your letter dated November 25, 2004, on behalf of your client New Generations Furniture Company, Inc., you requested a classification ruling.

The submitted sample, designated as style “Presto”, is a dobby woven fabric constructed with yarns of different colors. Laboratory analysis indicates that this product is composed of 53% staple polyester and 47% textured filament polyester. It is characterized by a complex weave which result in a highly textured surface and features a fibrous surface on one side created by a sanding or brushing process. The sanding or buffing process has broken the fibers of a portion of the yarns that form this fabric transforming them from filament yarns to yarns having the characteristics of staple fiber yarns. The breaking of the filament fibers into staple fibers in a portion of the yarns accounts for the laboratory findings that this fabric is in part of staple polyester fibers and in part of polyester filament fibers. Weighing approximately 232.9 g/m2, this fabric will be imported in 147 centimeter widths. Your correspondence indicates that this item will be used in various home furnishing applications.

The applicable subheading for the dobby woven fabric designated as style “Presto” will be 5515.12.0090, 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, other. The duty rate will be 12 percent ad valorem.

This fabric falls within textile category designation 629. Based upon international textile trade agreements products of Korea 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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