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NY M85838

January 22, 2007



TARIFF NO.: 5514.29.0020

Ms. Nichole A. Allen
VF Imagewear, Inc.
545 Marriott Drive, Suite 200
Nashville, TN 37214

RE: The tariff classification of a modacrylic/nylon/aramid/cotton blend dyed plain woven fabric from the Netherlands.

Dear Ms. Allen:

In your letter dated September 15, 2006 you requested a tariff classification ruling.

Laboratory analysis of the submitted sample, designated as style “Hi Vis FR” code 81987, indicates that it is a dyed plain woven fabric composed of 45.8% staple modacrylic, 38.8% cotton, 9.9% staple aramid and 5.5% staple nylon. It contains 51.3 single yarns per centimeter in the warp and 33.2 single yarns per centimeter in the filling. This fabric is constructed using 30/2 c.c. yarns in both the warp and the filling. Weighing 188.7 g/m2, this product will be manufactured in widths exceeding 30 centimeters. Based on the data developed by the Customs’ laboratory, the average yarn number for this product has been calculated to be 44 in the metric system.

The applicable subheading for the plain woven fabric designated as style “Hi Vis FR” code 81987 will be 5514.29.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2, dyed, other woven fabrics, sheeting. The rate of duty will be 12 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

In addition, you requested a ruling on whether shirts produced in Honduras using this fabric will qualify for duty free treatment under the DR-CAFTA. Your inquiry suggests that this fabric may be considered a fabric not available in commercial quantities in a timely manner from producers in the United States or other DR-CAFTA countries as enumerated in Annex 3.25 and thus eligible for substitution for such fabrics under the terms of the Dominican Republic-Central America-United States Free Trade Implementation Act. We have examined the descriptions of the fabrics listed in Annex 3.25 and have determined that the fabric you have submitted for a ruling is not a fabric listed in Annex 3.25. Consequently, this fabric may not be substituted for United States or other DR-CAFTA produced fabric and still qualify for duty exemption under DR-CAFTA.

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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