CLA-2-53:RR:NC:TA:352 J85772
Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118
RE: The tariff classification of two woven fabrics from China.
Dear Mr. Brooks:
In your letter dated June 9, 2003 you requested a classification ruling.
Two samples of woven fabric accompanied your request for a ruling. The first, designated as style “”Jute Burlap”, is a bleached plain woven fabric composed of 100% jute. It contains 8 single yarns per centimeter in the warp and 6 single yarns per centimeter in the filling. Weighing 300 g/m2, this product will be imported in 127 centimeter widths.
Style “Home Taffeta” is a plain woven fabric composed of 58% filament polyester and 42% filament nylon. Although you indicate the fabric has been dyed, the use of cross dyeing where different fibers are selectively dyed different colors has resulted in a fabric that contains yarns of different colors. This item contains 47.2 single yarns per centimeter in the warp and 30.7 single yarns per centimeter in the filling. It is constructed using 70 denier filament yarns in the warp and 150 denier filament yarns in the filling. Weighing 92 g/m2, this product will be imported in 147 centimeter widths.
The applicable subheading for the plain woven fabric designated as style “Jute Burlap” will be 5310.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of jute or of other textile bast fibers of heading 5303, other. The duty rate will be 0.1 percent ad valorem.
The applicable subheading for the plain woven fabric designated as style ”Home Taffeta” will be 5407.73.2015, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2. The duty rate will be 9.4 percent ad valorem.
Style “Home Taffeta” falls within textile category designation 620. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Style “Jute Burlap” is not subject to either quota restraints or visa requirements when produced in China.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division