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NY 853101


June 7, 1990

CLA-2-55:S:N:N3H:352 853101

CATEGORY: CLASSIFICATION

TARIFF NO.: 5515.11.0020

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, New York 10004

RE: The tariff classification of 65% polyester/35% rayon blend woven fabric from Hong Kong.

Dear Ms. Shira:

In your letter dated June 1, 1990, on behalf of your client H. Cotler Co. Inc., you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 65% polyester staple fiber and 35% rayon staple fiber. It contains 17 warp ends per centimeter and 16 filling picks per centimeter. The fabric is constructed using 20/2 c.c. yarns in both the warp and the filling. Imported in 145 inch widths, the fabric weighs 210 g/m2. Based on the data you have provided, the average yarn number for this product has been calculated to be 31 in the metric system.

The applicable subheading for the polyester/rayon blend fabric will be 5515.11.0020, 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 viscose rayon staple fibers, other, sheeting. The duty rate will be 17 percent ad valorem.

The polyester/rayon woven fabric falls within textile category designation 613. Based upon international textile trade agreements, products of Hong kong are subject to export license requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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