CLA-2-54:RR:NC:TA:352 I82303

Mr. Steve Carr
Carr Textile Corp.
243 Wolfner Drive
Fenton, MO 63026

RE: The tariff classification of six 100% textured polyester twill woven fabrics from Hong Kong, Taiwan and Indonesia.

Dear Mr. Carr:

In your letter dated May 1, 2002 you requested a classification ruling.

Six samples of woven fabric accompanied your request for a ruling. All the fabrics are identical in construction and fiber content and vary only in whether the fabric remains unbleached or is dyed one of five colors. Each is designated as style “Stabil Twill” and is further designated as to color as either White, Royal, Navy, Fire Engine Red, International Orange or Black. Each of the fabrics is a 2X1 twill woven fabric composed of 100% textured filament polyester. They contain 31.1 warp ends per centimeter and 19.7 filling picks per centimeter. Weighing 208.9 g/m2, these products will be imported in 152 centimeter widths. The fabric designated as color “White” is an unbleached fabric while all the other fabrics have been dyed a single uniform color.

The applicable subheading for the twill woven fabric designated as “Stabil Twill Color White” will be 5407.51.0060, 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 textured polyester filaments, unbleached or bleached, weighing more than 170 g/m2. The duty rate will be 15.3 percent ad valorem.

The applicable subheading for the twill woven fabric designated as “Stabil Twill” Colors “Royal”, “Navy”, “Fire Engine Red”, “International Orange” and “Black” will be 5407.52.2060, 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 textured polyester filaments, dyed, other, weighing more than 170 g/m2. The duty rate will be 15.3 percent ad valorem.

All six twill woven fabrics fall within textile category designation 620. Based upon international textile trade agreements products of Hong Kong, Taiwan and Indonesia 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division