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NY N021114

January 2, 2008



TARIFF NO.: 5516.23.0090

Ms. Ellen Dano
Grunfeld, Desidero, Lebowitz
Silverman & Klestadt LLP
399 Park Avenue
25th Floor
New York, NY 10022

RE: The tariff classification of polyester/rayon fabric from China.

Dear Ms. Dano:

In your letter dated December 19, 2007, on behalf of your client H.M. Richards, you requested a classification ruling.

The submitted sample is identified as pattern “Chariot Godiva (Style No. 5949-89)”. Chariot Godiva is a jacquard woven fabric composed of 39% filament polyester and 61% staple rayon. The woven fabric is constructed with yarns of different colors. It contains 64 single yarns per centimeter in the warp and 42 single yarns per centimeter in the filling. This merchandise weighs 397 g/m2 and will be imported in 54 inch widths.

The applicable subheading for this fabric will be 5516.23.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, of yarns of different colors, other. The duty rate will be 8.5%.

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/.

This fabric falls within textile category 629. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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