The tariff classification of 100% non-textured filament polyester jacquard woven fabrics from Korea.

NY D85350 December 17, 1998 CLA-2-54:RR:NC:TA:352 D85350 CATEGORY: Classification TARIFF NO.: 5407.61.9905; 5407.61.9925 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