# NY H89204

May 30, 2002

CLA-2-54:RR:NC:TA:352 H89204

CATEGORY: Classification

TARIFF NO.: 5407.53.2060; 5515.12.0040

Ms. Colleen O'Shea-Moran

Jo-Ann Stores Inc.

5555 Darrow Road

Hudson, Ohio 44236

RE: The tariff classification of three polyester and polyester/rayon
blend woven fabrics from Korea.

Dear Ms. O'Shea-Moran:

In your letter dated March 11, 2002 you requested a classification
ruling.

Three samples of woven fabric accompanied your request for a ruling.
Laboratory analysis of style HKP-209413 "100% Polyester" indicates that
this fabric is a dyed 4 X 1 satin woven fabric composed of 67% staple
polyester and 33% filament polyester. It contains 99.8 single yarns per
centimeter in the warp and 35.2 single yarns per centimeter in the
filling. Weighing 267.9 g/m^2^, this product will be imported in 118
centimeter widths. Although originally woven with filament polyester
yarns only, the fabric has been brushed on one side which has broken the
fiber in some of the yarns creating a fabric composed in part of staple
fiber yarns.

Style HKP280610 "100% Polyester" is a dobby woven fabric composed of
100% textured filament polyester. It is constructed using 300 denier
textured filament yarns in both the warp and filling. Laboratory
analysis indicates that this product is manufactured with yarns of
different colors. It contains 36.1 single yarns per centimeter in the
warp and 25.3 single yarns per centimeter in the filling. Weighing 261.5
g/m^2^, this product will be imported in 150 centimeter widths.

Style VMIS6011 "Twill Pin Stripe", is a dobby woven fabric characterized
by a white pin stripe. Laboratory analysis indicates that this item is
composed of 98.5% textured polyester filament yarns, 0.7% non-textured
polyester filaments and 0.8% filament rayon. It is constructed using
yarns of different colors and is manufactured with 190 denier filament
yarns in both the warp and filling. It contains 58.2 single yarns per
centimeter in the warp and 36.2 single yarns per centimeter in the
filling. Weighing 230.4 g/m^2^, this fabric will be imported in 147
centimeter widths.

The applicable subheading for the fabric designated as style HKP-209413
will be 5515.12.0040, 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, satin weave or twill weave. The duty rate will be 13 percent
ad valorem.

The applicable subheading for the two fabrics designated as styles
HKP-280610 and VMIS6011 will be 5407.53.2060, 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 textured polyester filaments, of yarns of different colors,
other, weighing more than 170 g/m^2^. The duty rate will be 13 percent
ad valorem.

Style HKP-209413 falls within textile category designation 628. Based
upon international textile trade agreements products of Korea are
subject to quota and the requirement of a visa.

Styles HKP-280610 and VMIS6011 fall within textile category designation
620. Based upon international textile trade agreements products of Korea
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]{.underline}, 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