Mr. John P. Coen
John F. Kilroy Co., Inc.
Cargo Building 80, Suite 227
JFK International Airport
Jamaica, NY 11430-1718
RE: The tariff classification of two polyester/spandex blend satin woven dyed fabrics from South Korea.
Dear Mr. Coen:
In your letter dated June 18, 1997, on behalf of your client Nissho Iwai Textile U.S.A., you requested a classification ruling.
Two samples of satin woven fabric accompanied your request for a ruling. The first, designated as style DYS-274 Spanvelour (color pink), is a satin woven fabric composed of 97% non-textured filament polyester and 3% filament spandex. It contains 75 threads per centimeter in the warp and 36 threads per centimeter in the filling. Weighing 282 g/m2, it will be imported in 113 centimeter widths. This product has been dyed a single uniform color and has been lightly napped on one side.
Style DYS-2743 Spanvelour (color red) is a satin woven fabric composed of 97% non-textured filament polyester and 3% filament spandex. Weighing 282 g/m2, it will be imported in 113 centimeter widths. This product has been dyed a single uniform color and has been lightly napped on one side.
The applicable subheading for both woven fabrics will be 5407.61.9935, 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 polyester filaments, containing 85 percent or more by weight of non-textured polyester filaments, other, other, dyed, weighing more than 170 g/m2. The duty rate will be 16.4 percent ad valorem.
Both woven fabrics falls within textile category designation 620. Based upon international textile trade agreements products of South Korea are subject to quota and the requirement of a visa.
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. 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 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 212-466-5896.
Paul K. Schwartz
Chief, Textile and Apparel Branch