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NY K88848

September 3, 2004

CLA-2-54:RR:NC:TA:352 K88848


TARIFF NO.: 5407.92.2090

Mr. William Dowling
Frank Testa Inc.
Cargo Building 80
JFK International Airport
Jamaica, NY 11430

RE: The tariff classification of a dyed polyester/rayon blend woven fabric from Korea.

Dear Mr. Dowling:

In your letter dated August 3, 2004, on behalf of your client Hi-Fashion Fabrics, Inc., you requested a classification ruling.

The submitted sample, designated as style “Cube”, is a dyed woven fabric composed of 64% filament polyester and 36% staple rayon. It is characterized by a complex weave and features a woven checkered appearance achieved by clipping the rayon filling yarns at intervals. This product is manufactured using 20 denier filament polyester yarns in the warp and a combination of 75 denier filament polyester yarns and 30/2 c.c. staple rayon yarns in the filling. It contains 80.3 warp ends per centimeter and 45.7 filling picks per centimeter. Weighing 82.5 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for the woven fabric designated as style “Cube” will be 5407.92.2090, 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, dyed, other, other, other. The duty rate will be 14.9 percent ad valorem.

This fabric falls within textile category designation 629. Based upon international textile trade agreements products of 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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