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NY 886714




July 1, 1993

CLA-2-53:S:N:N6:352 886714

CATEGORY: CLASSIFICATION

TARIFF NO.: 5309.21.4090

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

RE: The tariff classification of linen and silk woven fabric from China.

Dear Mr. Montgomery:

In your letter dated May 24, 1993, on behalf of your client Taritex, Inc., you requested a tariff classification ruling.

The submitted sample of plain woven fabric, identified as article no. 8101, is composed of 65% linen and 35% silk. Customs laboratory analysis reveals that the merchandise is not bleached and not dyed. It is constructed using 45/1 c.c. yarns in both the warp and filling. This fabric contains 22.8 single yarns per centimeter in the warp and 20.4 single yarns per centimeter in the filling.

The applicable subheading for the woven fabric will be 5309.21.4090, 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, other. The rate of duty will be 3 percent ad valorem.

This woven product falls 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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