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NY K83730

July 19, 2004
CLA-2-54:RR:NC:TA:352 K83730


TARIFF NO.: 5407.92.2050

Mr. John A. Schoenig
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, NY 10022-4877

RE: The tariff classification of a dyed polyester/spandex blend satin woven fabric from China or Korea.

Dear Mr. Schoenig:

In your letter dated March 5, 2004, on behalf of your client Pressman Gutman Co., Inc., you requested a classification ruling. The portion of the sample that was not consumed in analysis is being returned as requested.

Laboratory analysis of the submitted sample, designated as style “Moleskin”, indicates that this product is a dyed 4 X 1 satin woven fabric composed of 51.6% filament polyester, 3% spandex and 45.4% staple polyester. The fabric contains 66.1 warp ends per centimeter and 32.3 filling picks per centimeter. It is characterized by having been brushed on one side creating a dense fibrous surface. Weighing 238.4 g/m2, this fabric will be imported in 112 centimeter widths.

The applicable subheading for the dyed satin woven fabric designated as style “Moleskin” will be 5407.92.2050, 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, dyed, other, other, satin weave or twill weave. The duty rate will be 14.9 percent ad valorem.

This fabric falls within textile category designation 628. Based upon international textile trade agreements products of either China or 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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