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NY K85985

May 19, 2004
CLA-2-54:RR:NC:TA:352 K85985


TARIFF NO.: 5407.61.9975

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of a 100% filament polyester printed woven fabric from Turkey.

Dear Mr. Brooks:

In your letter dated May 12, 2004 you requested a tariff classification ruling.

The submitted sample, designated as style “Outdoor Prints”, is a printed 2 X 2 basket woven fabric composed of 100% non-textured filament polyester. It contains 35 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. This product is constructed using 322 denier polyester filament yarns in the warp and 327 denier filament polyester yarns in the filling. It is characterized by a printed outdoor scene featuring waterfowl in a lush tropical habitat. Weighing 207 g/m2, this fabric will be imported in 137 centimeter widths.

The applicable subheading for the woven polyester fabric will be 5407.61.9975, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, printed, weighing more than 170 g/m2. The rate of duty will be 14.9 percent ad valorem.

Goods classifiable in subheading 5407.61.9975, HTS, which are products of Turkey are not subject to either quota restraints or visa requirements.

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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