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NY 867234


OCTOBER 9, 1991

CLA-2-54:S:N:N3H:352 867234

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.81.0030

Ms. Dora Boyles
International Forwarders, Inc.
1350 Ashley River Road
P.O. Box 32428
Charleston, S.C. 29417-2428

RE: The tariff classification of a polyester and cotton blend woven fabric from Indonesia.

Dear Ms. Boyles:

In your letter dated September 19, 1991, on behalf of your client Trans-Atlantic Sales Co., Ltd., you requested a classification ruling.

The submitted sample is a plain woven fabric which has been neither bleached nor colored. Laboratory analysis indicates that this product is composed of 38.87 percent filament polyester, 24.49 percent staple polyester and 36.64 percent cotton. It contains 30.7 single yarns per centimeter in the warp and 21.3 single yarns per centimeter in the filling. The fabric is constructed using 35/1 c.c. yarns in the warp and 150 denier textured yarns in the filling. Weighing 102.11 g/m2, this product will be imported in 150 centimeter widths. Based on the data developed by the laboratory and the information that you submitted, the metric average yarn number for this fabric has been calculated to be 50.

The applicable subheading for the greige plain woven fabric will be 5407.81.0030, 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, unbleached or bleached, printcloth. The duty rate will be 17 percent ad valorem.

This fabric falls within textile category designation 626. Based upon international textile trade agreements, products of Indonesia are subject to quota restraints and visa 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

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