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NY K87307





June 30, 2004
CLA-2-54:RR:NC:TA:352 K87307

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.93.2090

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

RE: The tariff classification of polyester/rayon/cotton blend jacquard woven fabric from China.

Dear Mr. Brooks:

In your letter dated June 22, 2004 you requested a classification ruling.

The submitted sample, designated as style “Dot Checker” is a jacquard woven fabric composed of 43% filament polyester, 35% staple rayon and 22% cotton. It contains 66 warp ends per centimeter and 14 filling picks per centimeter. Constructed with yarns of different colors, this fabric features 150 denier filament yarns in the warp and a combination of 8/3 c.c. and 16/2 c.c. staple yarns in the filling. It weighs approximately 306 g/m2, and will be imported in 137 centimeter widths. Your correspondence indicates that this item will be marketed as an upholstery fabric.

The applicable subheading for the jacquard woven fabric designated as style “Dot Checker” will be 5407.93.2090, 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, of yarns of different colors, other, other, other, 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.

Sincerely,

Robert B. Swierupski
Director,

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