CLA-2-55:S:N:N6:352 800356
Mr. Mark A. Walsh
Fritz Companies, Inc.
PO Box 11004
Charleston, SC 29411-1004
RE: The tariff classification of 100% staple polyester plain woven fabric from China.
Dear Mr. Walsh:
In your letter dated July 19, 1994, on behalf of your client Artex International, Inc., you requested a classification ruling.
The submitted sample is a bleached plain woven fabric composed of 100% staple polyester. It contains 22 single yarns per centimeter in the warp and 15.8 single yarns per centimeter in the filling. This product is constructed using 15/1 c.c. yarns in both the warp and filling. Weighing approximately 167 g/m2, the fabric will be imported in 150 centimeter widths. Based on the information provided and data developed by the Customs' laboratory, the average yarn number for this item has been calculated to be 22 in the metric system.
The applicable subheading for the plain woven polyester fabric will be 5512.11.0027, Harmonized Tariff Schedule of the United States (HTS), 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, unbleached or bleached, sheeting, other. The duty rate will be 17 percent ad valorem.
This woven fabric falls within textile category designation 613. Based upon international textile trade agreements, products of China are subject to both quota restraints and export license requirements.
The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport