The tariff classification of a polyester/cotton blend jacquard woven fabric from China.

NY G83821 February 13, 2001 CLA-2-54:RR:NC:TA:352 G83821 CATEGORY: Classification TARIFF NO.: 5407.83.0090 Mr. David Li American Decorative Fabrics Corp. 303 Fifth Avenue, Room 303 New York, NY 10016 RE: The tariff classification of a polyester/cotton blend jacquard woven fabric from China. Dear Mr. Li: In your letter dated October 12, 2000 you requested a classification ruling. The submitted sample, designated as style Tissim, is a jacquard woven fabric constructed with yarns of different colors. Laboratory analysis indicates that this product is composed of 60.4 percent filament polyester and 39.6 percent cotton. It contains 66.1 warp ends per centimeter and 19.7 filling picks per centimeter. Weighing 298.8 g/m2, this fabric will be imported in 137 centimeter widths. This item is characterized by an elaborate floral motif. It has been coated with a styrene/butadiene block copolymer (51% styrene and 49% butadiene) which represents approximately 6% of the total weight of the fabric. However, this plastic application is not visible to the naked eye. Note 2 to Chapter 59, Harmonized Tariff Schedule of the United States, (HTS), defines the scope of heading 5903, under which textile fabrics which are coated, covered, impregnated, or laminated with plastics are classifiable. In addition, it provides guidance on the classification of combinations of textile and plastics. Note 2 states in part that heading 5903, HTS, applies to: (a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than: (1) Fabrics in which the impregnation, coating or covering cannot be seen with the naked eye (usually chapters 50 to 55, 58 or 60): for the purposes of this provision, no account should be taken of any resulting change in color; (2) Products which cannot, without fracturing, be bent manually around a cylinder of a diameter of 7 mm, at a temperature between 15 C and 30 C (usually chapter 39) (3) Products in which the textile fabric is either completely embedded in plastics or entirely coated or covered on both sides with such material, provided that such coating or covering can be seen with the naked eye with no account being taken of any resulting change of color (chapter 39); Since the coating on this woven fabric is not visible to the naked eye, it is not considered a coated fabric for the purposes of classification in heading 5903, HTS. The applicable subheading for the jacquard woven fabric designated as style Tissim will be 5407.83.0090, 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 less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, of yarns of different colors, other. The duty rate will be 11 percent ad valorem. This woven fabric falls within textile category designation 629. Based upon international textile trade agreements products of China 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