The tariff classification of a polyester/rayon/spandex blend plain woven fabric from China.

NY G88224 May 17, 2001 CLA-2-55:RR:NC:TA:352 G88224 CATEGORY: Classification TARIFF NO.: 5515.11.0005 Mr. Mike Sadigh Regency Fabrics 1010 E. 10th Street Los Angeles, CA 90021 RE: The tariff classification of a polyester/rayon/spandex blend plain woven fabric from China. Dear Mr. Sadigh: In your letter dated March 1, 2001 you requested a classification ruling. The submitted sample, designated as a 2-way stretch trop., is a plain woven fabric. Laboratory analysis indicates that this product is composed of 59.8% staple polyester, 36.1% staple rayon and 4.1% spandex. It contains 82.7 single yarns per centimeter in the warp and 63.8 single yarns per centimeter in the filling. This fabric is constructed using 3-ply yarns in both the warp and the filling. Weighing 281.3 g/m2, this item will be imported 112 centimeter widths. The staple yarns in both the warp and filling are composed of fibers of different colors and are considered marl or mixture yarns. Consequently, this fabric is considered to be composed of yarns of different colors for the purposes of the Harmonized System. The applicable subheading for the plain woven fabric will be 5515.11.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with viscose rayon staple fibers, of yarns of different colors, except blue denim or jacquard weave. The duty rate will be 15.5 percent ad valorem. This fabric falls within textile category designation 218. 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