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NY 892056




November 19, 1993

CLA-2-55:S:N:N6:352 892056

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.43.0090

Mr. Gary Mizumoto
American Overseas Air Freight, Inc.
11034 South La Cienega Blvd.
Inglewood, CA 90304-1198

RE: The tariff classification of rayon/cotton blend woven fabric from Taiwan and China.

Dear Mr. Mizumoto:

In your letter dated October 28, 1993, on behalf of your client Nouveau Fabric Inc., you requested a classification ruling.

You have submitted two samples of woven fabric that are identical in construction and vary only in color. Customs laboratory analysis confirms that the warp and filling yarns are different shades of the same color. This product is composed of 64% staple rayon, 32% cotton and 4% spandex. It is constructed using 20/1 c.c staple rayon yarns in the warp and a combination of 16/1 c.c. cotton staple and 40 denier filament yarns in the filling. This satin woven fabric contains yarns of different colors. It contains 55 single yarns per centimeter in the warp and 19.6 single yarns per centimeter in the filling. The fabric weighs 266.94 g/m2 and it will be imported in 127 centimeter widths. The average yarn number for this product has been calculated to be 27 in the metric system.

The applicable subheading for the woven fabric will be 5516.43.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with cotton, of yarns of different colors, other, other. The duty rate will be 17 percent ad valorem.

This fabric falls within textile category designation 218. Based upon international textile trade agreements, products of Taiwan and China are subject to quota restrictions 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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