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NY N021148




January 4, 2008

CLA-2-OT:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.12.0090

Mr. Daimon Ponthieux
Blumenthal Print Works, Inc.
905 South Broad Avenue
New Orleans, LA 70125

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

Dear Mr. Ponthieux:

In your letter dated December 14, 2007, you requested a classification ruling.

The submitted sample is identified as pattern “JD61”. It is composed 50% filament polyester and 50% polyester staple fibers in the warp and filling. JD61 is a woven fabric characterized by a complex weave and constructed using yarn of different colors. It contains 64 single yarns per centimeter in the warp and 25 single yarns per centimeter in the filling. This merchandise weighs 185 g/m2 and will be imported in 57-inch widths.

The applicable subheading for this fabric will be 5515.12.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with man-made filaments, other. The rate of duty will be 12 percent.

Classification under HTSUS is governed by the General Rules of Interpretation (GRI). Due to the fact that the fabric, JD61, is constructed of staple and filament polyester fibers, it is classified using General Rule of Interpretation (GRI) 3(c), HTSUS. According to figures you provided, each of these two fibers contributes 50% of the product’s weight. We thus find that the essential character of the overall product cannot clearly be ascribed to either single material. GRI 3(c) directs that in such circumstances the classification will be the heading that appears last in numerical order among those which equally merit consideration. The competing headings here are 5407 and 5515, HTSUS. Even a slight change in the fiber content may result in a change of classification, as well as visa and quota requirements. This fabric may be subject to Customs and Border Protection (CBP) laboratory analysis at the time of importation, and if the fabric is other than as stated above it may be reclassified by CBP at that time.

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.

Sincerely,

Robert B. Swierupski
Director,

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