# NY H89221

June 3, 2002

CLA-2-54:RR:NC:TA:352 H89221

CATEGORY: Classification

TARIFF NO.: 5407.52.2060; 5407.92.2050; 5211.42.0060

Ms. Colleen O'Shea-Moran

Jo-Ann Stores, Inc.

5555 Darrow Road

Hudson, Ohio

RE: The tariff classification of three woven fabrics from China and
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. The
first, designated as style HKP-280609, is a dyed 3X2 twill woven fabric
composed of 100% textured filament polyester. It is manufactured using
195 denier filament yarns in the warp and 108 denier filament yarns in
the filling. Weighing 242.4 g/m^2^, this product will be imported in 150
centimeter widths.

Laboratory analysis indicates that style SL-1953 "Spandex Satin Mole
Skin" is a dyed 4 X 1 satin woven fabric composed of 51.5% filament
polyester, 46% staple polyester and 2.5% filament spandex. It is
manufactured using 150 denier yarns in the warp and 100 denier polyester
yarns combined with a 40 denier spandex yarns in the filling. This item
has been sanded or buffed on one side creating a napped surface.
Although this product was woven wholly with filament yarns, the
subsequent buffing operation has broken the filaments in some of the
yarns creating a fabric that is in part of staple fiber yarns. Weighing
224.7 g/m^2^, this fabric will be imported in 112 centimeter widths.

According to laboratory analysis style LK-013013E "Stretch Denim" is a 2
X 1 warp face twill woven fabric composed of 78.5% cotton, 20% filament
polyester and 1.5% filament spandex. It contains 41 warp ends per
centimeter and 18 filling picks per centimeter. This product is
manufactured with yarns of different colors and features black warp
yarns and white filling yarns. Weighing 268.5 g/m^2^, this fabric will
be imported in 128 centimeter widths.

The applicable subheading for the twill woven fabric designated as style
HKP-280609 will be 5407.52.2060, 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, dyed, other, weighing more than
170 g/m^2^. The duty rate will be 15.3 percent ad valorem.

The applicable subheading for the satin woven fabric designated as style
SL-1953 "Spandex Satin Mole Skin" will be 5407.92.2050, 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, dyed, other, other,
satin weave and twill weave. The duty rate will be 15.3% ad valorem.

The applicable subheading for the warp face twill woven fabric
designated as style LK-013013E "Stretch Denim" will be 5211.42.0060,
Harmonized Tariff Schedule of the United States (HTS), which provides
for woven fabrics of cotton, containing less than 85 percent by weight
of cotton, mixed mainly or solely with man-made fibers, weighing more
than 200 g/m^2^, of yarns of different colors, denim, other denim,
weighing not more than 360 g/m^2^. The duty rate will be 8.4 percent ad
valorem.

Style HKP-280609 falls within textile category designation 620. Based
upon international textile trade agreements products of China and Korea
are subject to quota and the requirement of a visa.

Style SL-1953"Spandex Satin Mole Skin" falls within textile category
designation 628. Based upon international textile trade agreements
products of China and Korea are subject to quota and the requirement of
a visa.

Style LK-013013E "Stretch Denim" falls within textile category
designation 218. Based upon international textile trade agreements
products of China and 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