The tariff classification of polyester fabric from China.

N044495 November 25, 2008 CLA-2-55:OT:RR:NC:TA:348 CATEGORY: Classification TARIFF NO.: 5512.19.0090 Ms. Ellen Dano Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor New York, NY 10022-4877 RE: The tariff classification of polyester fabric from China. Dear Ms. Dano: In your letter dated November 13, 2008, on behalf of your client, H.M. Richards, Inc., you requested a classification ruling. The submitted sample is identified as style #4196.86 (Jammin Walnut). It is a jacquard woven fabric composed of 100% staple polyester. It is composed of yarns of different colors. It contains 64 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. This merchandise weighs 230 g/m2 and will be imported in 54 inch widths. The applicable subheading for this fabric will be 5512.19.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabric 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. The duty rate will be 13.6%. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This fabric falls within textile category 220. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Rosemarie Hayward at (646) 733-3064. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division