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NY 816457




November 9, 1995

CLA-2-54:R:N3:352 816457

CATEGORY: CLASSIFICATION

TARIFF NO.: 5408.34.9020

Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, New York 12919

RE: The tariff classification of 100% rayon printed plain woven fabric from China.

Dear Mr. LeClair:

In your letter dated September 25,1995 and amended on October 26, 1995, on behalf of your client Rose E Dee Int'l Ltd., you requested a classification ruling.

Three Samples of woven fabric were submitted with your correspondence. The first, identified as Rayon Fugigette, is a printed plain woven fabric composed of 59% filament rayon and 41% staple rayon. It contains 46 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. The fabric is constructed using 120 denier non-textured filament rayon yarns in the warp and 30/1 c.c. staple rayon yarns in the filling. Weighing 120 g/m2, this item will be imported in 140 centimeter widths. Based on the data provided, the average yarn number for this product has been calculated to be 56 in the metric system.

The second sample, designated as Rayon Crepe, is a printed plain woven fabric composed of 58% filament rayon and 42% staple rayon. It contains 44 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. This product is constructed using 120 denier rayon filament yarns in the warp and 30/1 c.c. rayon staple yarns in the filling. The fabric will be imported in 135 centimeter widths and weighs 112 g/m2. Based on the data provided, the average yarn number for this item has been calculated to be 58 in the metric system.

The final sample, designated as Rayon Faille, is a printed plain woven fabric composed of 56% filament rayon and 44% staple rayon. It is constructed with 120 denier filament yarns in the warp and 30/1 c.c. staple yarns in the filling. This fabric contains 41 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. Weighing 110 g/m2, this item will be imported in 140 centimeter widths. The average yarn number for this fabric has been calculated to be 57 in the metric system based on the submitted information.

The applicable subheading for all three plain woven fabrics will be 5408.34.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, printed, other, other, other, poplin or broadcloth. The duty rate will be 16.5 percent ad valorem.

These three plain woven fabrics fall within textile category designation 625. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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