CLA-2-54:RR:NC:TA:352 D85350
Mr. Douglas Turnbull
Tomen America Inc.
1285 Avenue of the Americas
New York, NY 10019
RE: The tariff classification of 100% non-textured filament
polyester jacquard woven fabrics from Korea.
Dear Mr. Turnbull:
In your letter dated November 23, 1998 you requested a
classification ruling.
Two samples of woven fabric accompanied your request for a
ruling. The first, designated as style CPE 864, is a unbleached or
bleached jacquard woven fabric composed of 100% non-textured
filament polyester. It contains 81.5 single yarns per centimeter
in the warp and 33.9 single yarns per centimeter in the filling.
This product is constructed using 150 denier yarns in the warp and
75 denier yarns in the filling. Weighing 91 g/m2, this item will
be imported in 112/114 centimeter widths. This fabric is
characterized by having had certain of its warp yarns clipped
creating a complex design.
Style CPE 913 is a dyed jacquard woven fabric composed of
100% non-textured filament polyester. It contains 75.6 single
yarns per centimeter in the warp and 40 single yarns per centimeter
in the filling. This item is constructed using 150 denier yarns in
the warp and 175 denier yarns in the filling. Weighing 103 g/m2,
this product will be imported in 112/114 centimeter widths. The
fabric is characterized by a intricate woven design featuring a
floral motif.
The applicable subheading for the fabric designated as style
CPE 864 will be 5407.61.9905, 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 polyester filaments, containing 85 percent or more by
weight of non-textured polyester filaments, other, other,
unbleached or bleached, weighing not more than 170 g/m2, flat
fabrics. The duty rate will be 16.2 percent ad valorem in 1998 and
16 percent ad valorem in 1999.
The applicable subheading for the fabric designated as style
CPE 913 will be 5407.61.9925, 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 polyester filaments, containing 85 percent or more by
weight of non-textured polyester filaments, other, other, dyed,
weighing not more than 170 g/m2, flat fabrics. The duty rate will
be 16.2 percent ad valorem in 1998 and 16 percent ad valorem in
1999.
Both fabrics fall within textile category designation 619.
Based upon international textile trade agreements products of Korea
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