NY 863260

JUN 05 1991

CLA-2-54:S:N:N3H:352 863260

TARIFF NO: 5407.72.0010; 5407.74.0010

Mr. Assif Feroz
Chistia Leather, Inc.
949 Foster Avenue, Suite #208
Chicago, Il 60640

RE: The tariff classification of polyester woven fabric from Pakistan.

Dear Mr. Feroz:

In your letter dated April 30, 1991, you requested a tariff classification ruling.

You have submitted seven samples of woven fabric identified as style "Opel", which are identical in construction and vary only as to the color dyed or the design printed. Each sample is composed of 100% filament polyester yarns. All of the fabrics are jacquard woven using textured yarns in the warp and non- textured yarns in the filling. The textured yarns represent 53.3% by weight of the fabric, while the non-textured yarns represent 46.7% by weight of the fabric. Six of these samples are printed with different designs, while the seventh is dyed a solid color. These fabrics are constructed using 50 denier yarns in the warp and 75 denier yarns in the filling. Each fabric contains 60 single yarns per centimeter in the warp and 35 single yarns per centimeter in the filling. The weight of each fabric is 74 g/m2, and will be imported in 111 centimeter widths.

The applicable subheading for the dyed woven fabric will be 5407.72.0010, 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 synthetic filaments, dyed, weighing not more than 170 g/m2, containing 85 percent or more by weight of polyester filaments. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the printed woven fabric will be 5407.74.0010, 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 synthetic filaments, printed, weighing not more than 170 g/m2, containing 85 percent or more by weight of polyester filaments. The rate of duty will be 17 percent ad valorem.

The seven samples of woven fabric fall within textile category designation 619. Based upon international textile trade agreements, products of Pakistan are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport