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NY K85046

July 27, 2004
CLA-2-55:RR:NC:TA:352 K85046


TARIFF NO.: 5515.12.0090

Ms. Irma Ruiz
Nippon Express (USA) inc.
70 Seaview Drive
Secaucus, NJ 07094

RE: The tariff classification of a 100% polyester basket woven fabric from China.

Dear Ms. Ruiz:

In your letter dated April 14, 2004, on behalf of your client Tomen America Inc., you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as style “YUTONG”, indicates that it is a woven fabric characterized by a basket weave where the fabric is woven as plain weave except that each group of two warp ends and each group of two filling picks are woven as one. This product is composed of 69% staple polyester and 31% filament polyester and features a textured fibrous surface created by brushing or sanding the fabric. Although this fabric was woven wholly with filament polyester yarns, the subsequent brushing or sanding process has broken the fiber in a portion of the yarns transforming those yarns into yarns composed of staple fibers. Weighing 320.1 g/m2, this item will be imported in 150 centimeter widths.

The applicable subheading for the woven fabric designated as style “YUTONG” 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 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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