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NY N009038

April 23, 2007



TARIFF NO.: 5512.19.0090

Mr. Robert A. Pontier
Air Cargo Sales, Inc.
429 Moon Clinton Road
Coraopolis, PA 15108

RE: The tariff classification of 100% polyester woven fabric from China.

Dear Mr. Pontier:

In your letter dated April 10, 2007, you requested a tariff classification ruling on behalf of your client, Online Stores, Inc..

The submitted sample is identified as pattern “Bunting, Style # 6307.9000.90”. It is composed of 100% staple polyester fibers. The fabric is a printed plain woven fabric. It is characterized by a stars and stripes pattern. It contains 11 single yarns per centimeter in the warp and 12 single yarns per centimeter in the filling. This merchandise weighs 196 g/m2 and will be imported in 91.5-centimeter widths. The fabric is hemmed along two sides and will be imported in continuous lengths. The sample submitted will be returned to you as requested.

Section XI, Note 7(c) states, “For the purposes of this section the expression "made-up" means hemmed or with rolled edges, or with a knotted fringe at any of the edges, but excluding fabrics the cut edges of which have been prevented from unraveling by whipping or by other simple means”. The merchandise submitted has been hemmed on the two seams running the length of the fabric; however, the two ends that run the width of the fabric are not hemmed. The fabric, Style # 6307.9000.90, is not considered a "made-up" article for tariff purposes.

The applicable subheading for this fabric will be 5512.19.0090, Harmonized Tariff Schedule of the United States (HTSUS), 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 polyester staple fibers, other, other, other. The rate of duty will be 13.6 percent.

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 the World Wide Web at http://www.usitc.gov/tata/hts/.

This fabric falls within textile category 220. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 Rosemarie Hayward at 646-733-3064.


Robert B. Swierupski

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