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NY K88170





October 4, 2004

CLA-2-55:RR:NC:TA:352 K88170

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.13.1020; 5512.21.0020

Ms. Beth Lingle
The Hipage Company, Inc.
P.O. Box 62199
Charleston, SC 29419

RE: The tariff classification of a dyed polyester/wool blend plain woven fabric and an unbleached 100% acrylic plain woven fabric from China

Dear Ms. Lingle:

In your letter dated August 2, 2004, on behalf of your client Restex Co., Inc., you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. Laboratory analysis of the first sample, designated as style # 35698, indicates that it is a dyed plain woven fabric composed of 76.2% staple polyester and 23.8% combed wool. It contains 41.1 single yarns per centimeter in the warp and 36.3 single yarns per centimeter in the filling. This product is constructed using 2 ply yarns in both the warp and the filling. Weighing 214 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this item has been calculated to be 36 in the metric system.

The sample designated as style “Fire Retardant Material” is an unbleached plain woven fabric composed of 100% staple acrylic. Laboratory analysis indicates that this product contains 39.3 single yarns per centimeter in the warp and 31.5 single yarns per centimeter in the filling. It is constructed using 2 ply yarns in both the warp and filling. Weighing 221.1 g/m2, this item will be imported in 160 centimeter widths. Based on the data developed by the Laboratory, the average yarn number for this fabric has been calculated to be 32 in the metric system

The applicable subheading for the dyed plain woven fabric designated as style # 35698 will be 5515.13.1020, 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 wool or fine animal hair, other, combed. The duty rate will be 12 percent ad valorem.

The applicable subheading for the unbleached plain woven fabric designated as style “Fire Retardant Material” will be 5512.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, unbleached or bleached, sheeting. The duty rate will be 12 percent ad valorem.

The plain woven fabric designated as style # 35698 falls within textile category designation 624. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The unbleached plain woven fabric designated as style “Fire Retardant Material” falls within textile category designation 613. 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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