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NY A86081




August 27, 1996

CLA-2-53:RR:NC:TP:352 A86081

CATEGORY: CLASSIFICATION

TARIFF NO.: 5309.29.3090

Ms. Wanda Conway
American Lamprecht Transport Inc.
700 Rockaway Turnpike
Lawrence, New York 11559

RE: The tariff classification of linen/cotton/spandex blend plain woven fabric from China

Dear Ms. Conway:

In your letter dated August 8, 1996, on behalf of your client Jahn-Tex, Inc., you requested a classification ruling.

Style 91323 is a plain woven fabric composed of 51.5% linen, 47% cotton and 1.5% segmented polyurethane. It is constructed with 23 warp ends per centimeter and 15 filling picks per centimeter. This product is constructed with 20/2 c.c yarns in the warp and a combination of 20/2 c.c. and 40 denier yarns in the filling. Weighing 238 g/m2, it will be imported in 44/45 inch widths. Your correspondence indicates that this product will contain yarns of different colors but in the future may be imported dyed a single uniform color.

The applicable subheading for both the fabric containing yarns of different colors and the fabric which is dyed a single uniform color will be 5309.29.3090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax, containing less than 85 percent by weight of flax, other, other, other. The duty rate will be 6.2 percent ad valorem.

These 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 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 Part 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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