CLA-2-54:RR:NC:TA:352 G85746
Mr. Adam Aurecchione
Tomen America Inc.
1285 Avenue of the Americas
New York, NY 10019-6028
RE: The tariff classification of three printed polyester woven fabric from Taiwan or China.
Dear Mr. Aurecchione:
In your letter dated January 9, 2001 you requested a classification ruling.
Three samples of printed woven fabric accompanied your request for a ruling. The first, designated as style 89A11956, is a printed satin woven fabric characterized by an elaborate printed design featuring a floral motif with dancing women in the background. Laboratory analysis indicates that this product is composed of 56.9% filament polyester and 43.1% staple polyester. It contains 86.6 single yarns per centimeter in the warp and 37 single yarns per centimeter in the filling. Weighing 154.8 g/m2, this fabric will be imported in approximately 150 centimeter widths. Although this fabric was woven wholly with filament yarns, a subsequent sanding or napping process has broken a portion of those filament yarns into staple fiber resulting in a product that is in part of staple yarns and in part of filament yarns.
Style 89A11952 is a printed twill woven fabric characterized by an elaborate printed design featuring a stylized sun and bird motif. Laboratory analysis indicates that this product is composed of staple polyester yarns. It contains 69.7 single yarns per centimeter in the warp and 36.2 single yarns per centimeter in the filling. Weighing 142.5 g/m2, this fabric will be imported in approximately 150 centimeter widths. Although this fabric was woven wholly with filament yarns, a subsequent sanding or napping process has broken those filament yarns into staple fiber resulting in a product that is composed wholly of staple yarns.
Style 14592 is a printed twill woven fabric characterized by an elaborate printed design featuring a floral motif. Laboratory analysis indicates that this product is composed of staple polyester yarns. It contains 63.8 single yarns per centimeter in the warp and 38.6 single yarns per centimeter in the filling. Weighing 132.3 g/m2, this fabric will be imported in approximately 150 centimeter widths. Although this fabric was woven wholly with filament yarns, a subsequent sanding or napping process has broken those filament yarns into staple fiber resulting in a product that is composed wholly of staple yarns.
The applicable subheading for the satin woven fabric designated as style 89A11956 will be 5407.94.2050, 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, printed, other, other, satin weave or twill weave. The duty rate will be 15.5 percent ad valorem.
The applicable subheading for the two twill fabrics designated as styles 89A11952 and 14592 will be 5512.19.0045, 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, other, other, satin weave or twill weave. The duty rate will be 14.6 percent ad valorem.
Style 89A11956 falls within textile category designation 628. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.
Style 89A11952 falls within textile category designation 617. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.
Style 14592 falls within textile category designation 617. 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 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 212-637-7092.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division