CLA-2-55:RR:NC:TA:352 G87650

Mr. Scott Wheaton
Norman Krieger, Inc.
5761 W. Imperial Highway
Los Angeles, CA 90045

RE: The tariff classification of two twill woven fabrics from Taiwan.

Dear Mr. Wheaton:

In your letter received in this office on February 23, 2001, on behalf of your client Twin Dragon Marketing Inc., you requested a classification ruling.

Two samples of twill woven fabric accompanied your request for a ruling. The first, designated as article number DS-S097, is a dyed 2 X 1 twill woven fabric. Laboratory analysis indicates that this product is composed of 75.9% staple rayon, 20.8% filament nylon and 3.3% filament spandex. It contains 40 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. Weighing 278 g/m2, this fabric will be imported in 139 centimeter widths.

Article number DS-S098 is a 2 X 1 twill woven fabric constructed with yarns of different colors. It is manufactured using marl or mixture yarns in the filling consisting of a mixture of black and white fiber. Laboratory analysis indicates that this item is composed of 51% staple polyester, 26.7% staple rayon, 19.3% nylon filament and 3% filament spandex. This fabric contains 40 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. Weighing 277 g/m2, it will be imported in 139 centimeter widths.

The applicable subheading for the fabric designated as article number DS-S097 will be 5516.22.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with man-made filaments, dyed, satin weave or twill weave. The duty rate will be 15.5 percent ad valorem.

The applicable subheading for the woven fabric designated as article number DS-S098 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.

The twill woven fabric designated as article number DS-S097 falls within textile category designation 628. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The twill woven fabric designated as article number DS-S098 falls within textile category designation 218. Based upon international textile trade agreements products of Taiwan 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