CLA-2-54:RR:NC:TA:352 D83840
Mr. Herbert William Julich
Delmar International Inc.
147-55 175th Street
Jamaica, NY 11434
RE: The tariff classification of a filament polyester/cotton blend
printed plain woven burnt out fabric from China.
Dear Mr. Julich:
In your letter dated November 3, 1998, on behalf of your
client S. Shamash and Sons, you requested a classification ruling.
Laboratory analysis of the submitted sample indicates that
this product is a printed plain woven fabric composed of 67%
filament polyester and 33% cotton. It contains 60 single yarns per
centimeter in the warp and 60 single yarns per centimeter in the
filling. It is constructed using 2 ply yarns in both the warp and
filling. Each warp end and filling pick consists of one polyester
filament yarn and one cotton yarn. Subsequent to weaving a
chemical agent is printed onto the fabric which selectively
dissolves only the cotton portion of the two ply warp end or
filling pick to which the agent is applied. This has the effect of
reducing the quantity of fiber in the treated areas and creating a
visible design, in this case, a floral design. The fabric is also
printed with a floral motif in the traditional way using dyes.
Weighing 65.6 g/m2, this fabric will be imported in 108 centimeter
widths. Based on the data developed by the Customs' Laboratory,
the average yarn number for this fabric has been calculated to be
183 in the metric system
The applicable subheading for the printed plain woven fabric
will be 5407.84.0090, 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 less than 85 percent
by weight of synthetic filaments, mixed mainly or solely with
cotton, printed, other. The duty rate will be 16.2 percent ad
valorem.
This fabric falls within textile category designation 629.
Based upon international textile trade agreements products of China
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