The tariff classification of two polyester jacquard woven fabrics of yarns of different colors from China.

NY H88310 March 1, 2002 CLA-2-55:RR:NC:TA:352 H88310 CATEGORY: Classification TARIFF NO.: 5515.12.0090 Ms. Donna Albert Circle International, Inc. 4370 Old Dixie Road Atlanta, GA 30354 RE: The tariff classification of two polyester jacquard woven fabrics of yarns of different colors from China. Dear Ms. Albert: In your letter dated February 22, 2002, on behalf of your client Benchcraft, you requested a classification ruling. Two samples of jacquard woven fabric accompanied your request for a ruling. The first, designated as style KE005D-1 number 0601-24, is a jacquard woven fabric composed of 80 % polyester staple fiber and 20% polyester filament fiber. It is characterized by having been woven with a filling in part composed of boucle yarns that form a textured design over the surface of the fabric. This product is constructed with yarns of different colors. This fabric contains 64 warp ends per centimeter and 18 filling picks per centimeter. Weighing approximately 500 g/m2, it will be imported in 148 centimeter widths. Style KE005G-1 number 0602-24, is a jacquard woven fabric composed of 80 % polyester staple fiber and 20% polyester filament fiber. It is characterized by having been woven with a filling in part composed of boucle yarns that form a textured design over the surface of the fabric. It differs from the other style in that the design formed creates a series of square shapes whereas the other style is characterized by a design featuring shapes with curved outlines. This product is constructed with yarns of different colors. The fabric contains 64 warp ends per centimeter and 18 filling picks per centimeter. Weighing approximately 500 g/m2, it will be imported in 148 centimeter widths. The applicable subheading for the two jacquard woven fabrics will be 5515.12.0090, 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 man-made filaments, other. The duty rate will be 13 percent ad valorem. Both these fabrics fall 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 646-733-3045. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division