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NY 874491


June 3, 1992

CLA-2-53:S:N:N3H:352 874491

CATEGORY: CLASSIFICATION

TARIFF NO.: 5309.21.4010

Mr. Charles E. Montgomery, Jr.
Fritz Companies, Inc.
P. O. Box 11004
Charleston, SC 29411-1004

RE: The tariff classification of three samples of rayon/linen woven fabric from China.

Dear Mr. Montgomery:

In your letter dated May 11, 1992, on behalf of your client Taritex, Inc., you requested a tariff classification ruling.

You have submitted three samples of woven fabric. Article no. 6001 is composed of 56% linen and 44% rayon. It is constructed using 30/1 c.c. rayon yarns in the warp and 21/1 c.c. linen yarns in the filling. The fabric is semi-bleached and plain woven. This product contains 20 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. It will be imported in 165 centimeter widths.

Article no. 6002 is composed of 53% linen and 47% rayon. This merchandise is constructed using 30/1 c.c. rayon yarns in the warp and 13/1 c.c. linen yarns in the filling. It contains 19.6 single yarns per centimeter in the warp and 19.6 single yarns per centimeter in the filling. The fabric is semi-bleached and plain woven. It will be imported in 162 centimeter widths.

Article no. 6003 is a plain woven fabric that is composed of 60% linen and 40% rayon. It is constructed using 20/2 c.c. rayon yarns in the warp and 6/1 c.c. linen yarns in the filling. This merchandise contains 26 single yarns per centimeter in the warp and 12 single yarns per centimeter in the filling. The fabric is semi-bleached and will be imported in 162 centimeter widths.

The applicable subheading for the three samples of woven fabric will be 5309.21.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax containing less than 85 percent by weight of flax, unbleached or bleached, other, other, of a width exceeding 127 centimeters. The rate of duty will be 3 percent ad valorem.

All three woven fabrics fall within textile category designation 810. Based upon international textile trade agreements, products of China are subject to 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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