CLA-2-54:RR:NC:TA:352 D81677
5516.23.0010; 5516.22.0010; 5407.52.2060
Ms. Anabelle Estaniel
Shason Inc.
4700 Long Beach Ave.
Los Angeles, CA 90058
RE: The tariff classification of woven fabrics from Korea, the
Philippines, Taiwan, China, Indonesia and Mexico.
Dear Ms. Estaniel:
In your letter dated August 20, 1998 you requested a
classification ruling.
Five samples of woven fabric accompanied your request for a
ruling. In addition, you have indicated that you also require a
ruling on two other fabrics which have identical construction to
two of the samples submitted but vary in that they are processed
differently. Style Stretch Suede is a satin woven fabric which has
been dyed a single uniform color. Laboratory analysis indicates it
is composed of 49.8% filament polyester, 3.2% filament spandex and
47% staple polyester. This fabric contains 68.9 single yarns per
centimeter in the warp and 66.1 single yarns per centimeter in the
filling. Weighing 275.6 g/m2, this product will be imported in 152
centimeter widths.
Style Regular Peach Skin is a plain woven fabric which has
been dyed a single uniform color. Laboratory analysis indicates
that this product has been manufactured using 100% textured
polyester filament yarns. It contains 59 single yarns per
centimeter in the warp and 31 single yarns per centimeter in the
filling. Weighing 157.7 g/m2, it will be imported in 113
centimeter widths. Your correspondence indicates that you also
wish a ruling on a fabric with this same specifications except that
the fabric will be printed with a design instead of dyed a single
uniform color.
Style Bengaline Lycra is a plain woven fabric which has been
dyed a single uniform color. Laboratory analysis indicates that
this item is composed of 75% staple rayon, 21.6% filament polyester
and 3.4% filament spandex. It contains 70.8 single yarns per
centimeter in the warp and 26.4 single yarns per centimeter in the
filling. Weighing 223.3 g/m2, this product will be imported in 152
centimeter widths. Based on the data developed by the laboratory,
the average yarn number for this fabric has been calculated to be
43 in the metric system. Your letter indicates that you also
require a ruling on a fabric with identical specifications but
which has been manufactured with yarns of different colors instead
of having been dyed a single uniform color.
Style TR Bengaline is a plain woven fabric which has been dyed
a single uniform color. Laboratory analysis indicates that it is
composed of 71.2% staple rayon and 28.8% filament polyester. This
product contains 44.9 single yarns per centimeter in the warp and
17 single yarns per centimeter in the filling. Weighing 157.7
g/m2, this fabric will be imported in 152 centimeter widths. Based
on the data developed by the laboratory, the average yarn number
for this item has been calculated to be 39 in the metric system.
Style Polyester Poplin is a plain woven fabric which has been
dyed a single uniform color. Laboratory analysis indicates that
this product is composed of 100% textured filament polyester. It
is constructed using 150 denier two ply yarns in both the warp and
filling. Weighing 178 g/m2, this fabric will be imported in 152
centimeter widths.
The applicable subheading for the fabric designated as Stretch
Suede will be 5407.92.2050, 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, dyed, other, other, satin weave
or twill weave. The duty rate will be 16.2 percent ad valorem.
The applicable subheading for the fabric designated as Regular
Peach Skin which has been dyed a single uniform color will be
5407.52.2020, 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
textured polyester filaments, dyed, weighing not more than 170
g/m2, flat fabrics. The duty rate will be 16.2 percent ad valorem.
The applicable subheading for the fabric designated as Regular
Peach Skin which has been printed with a design will be
5407.54.0020, 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
textured polyester filaments, printed, weighing not more than 170
g/m2, flat fabrics. The duty rate will be 16.2 percent ad valorem.
The applicable subheading for the fabric designated as style
Bengaline Lycra which has been dyed a single uniform color will be
5516.22.0010, Harmonized Tariff Schedule of the United States
(HTS), 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,
dyed, poplin or broadcloth. The duty rate will be 16.2 percent ad
valorem.
The applicable subheading for the fabric designated as style
Bengaline Lycra which has been constructed with yarns of different
colors will be 5516.23.0010, Harmonized Tariff Schedule of the
United States (HTS), 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, poplin or broadcloth. The
duty rate will be 13.6 percent ad valorem.
The applicable subheading for the fabric designated as style
TR Bengaline will be 5516.22.0010, Harmonized Tariff Schedule of
the United States (HTS), 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, dyed, poplin or broadcloth. The duty rate will be 16.2
percent ad valorem.
The applicable subheading for the fabric designated as style
Polyester Poplin will be 5407.52.2060, 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 textured polyester filaments, dyed,
other, weighing more than 170 g/m2. The duty rate will be 16.2
percent ad valorem.
Style Stretch Suede falls within textile category designation
628. Based upon international textile trade agreements products of
Korea and the Philippines are subject to quota and the requirement
of a visa.
Style Regular Peach Skin in both the dyed and printed versions
falls within textile category designation 619. Based upon
international textile trade agreements products of Korea, China and
Indonesia are subject to quota and the requirement of a visa.
Style Bengaline Lycra in both the dyed and yarns of different
colors versions falls within textile category designation 625.
Based upon international textile trade agreements products of
Taiwan and the Philippines are subject to quota and the requirement
of a visa.
Style TR Bengaline falls within textile category designation
625. Based upon international textile trade agreements products of
Taiwan and the Philippines are subject to quota and the requirement
of a visa.
Style Polyester Poplin falls within textile category
designation 620. Based upon international textile trade agreements
products of the Philippines are subject to quota and the
requirement of a visa.
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. 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 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 212-466-5896.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division