The tariff classification of a 100% polyester brushed satin woven fabric from China.

NY L86456 October 25, 2005 CLA-2-54:RR:NC:TA:352 L86456 CATEGORY: Classification TARIFF NO.: 5407.93.2050 Mr. Harry Katsaros NIK & Associates 800 S. Hindry Avenue, Unit A Inglewood, CA 90301 RE: The tariff classification of a 100% polyester brushed satin woven fabric from China. Dear Mr. Katsaros: In your letter dated July 22, 2005, on behalf of your client Plaza Fabrics Inc., you requested a classification ruling. Laboratory analysis of the submitted sample, designated as style “Pleasure Suede”, Indicates that it is a brushed satin woven fabric composed of 61.4% filament polyester and 38.6% staple polyester. It is constructed using yarns of different colors. Although the fabric was woven using 100% filament polyester yarns, a subsequent brushing or sanding process has broken the fibers in a portion of the yarns creating a fabric that is in part of staple fibers. This item is characterized by a dense fibrous surface that is suede-like in appearance. Weighing 270.8 g/m2, this product will be imported in 152 centimeter widths. The applicable subheading for the satin woven fabric designated as style “Pleasure Suede” will be 5407.93.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, of yarns of different colors, other, other, other, satin weave or twill weave. The duty rate will be 12 percent ad valorem. This fabric falls within textile category designation 628. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov. 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 646-733-3045. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division