CLA-2-55:RR:NC:TA:352 G89162

Mr. Jackson Chuang
Metro Textiles, Inc.
4 Hutton Center Dr., Suite 150
Santa Ana, CA 92707

RE: The tariff classification of a 100% nylon dyed plain woven fabric from Thailand.

Dear Mr. Chuang:

In your letter dated April 6, 2001 you requested a classification ruling.

The submitted sample, designated as style # TA190TPP, is a dyed plain woven fabric which has been sanded or buffed on one side. Laboratory analysis indicates that this product is composed of 61.1% staple nylon and 38.9% filament nylon. It contains 44.7 single yarns per centimeter in the warp and 31.1 single yarns per centimeter in the filling. Weighing 96.4 g/m2, this fabric will be imported in 145 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this item has been calculated to be 78 in the metric system. Although your correspondence indicates that this fabric was woven wholly with nylon filament yarns, the sanding process that created the peach-like surface broke a portion of the fibers into staple fibers accounting for the laboratory finding that this product was in part of filament fiber and in part of staple fiber.

The applicable subheading for the plain woven fabric style # TA190TPP will be 5515.91.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, other woven fabrics, mixed mainly or solely with man-made filaments, poplin or broadcloth. The duty rate will be 13.5 percent ad valorem.

This plain woven fabric falls within textile category designation 625. Based upon international textile trade agreements products of Thailand 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