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NY 884053




April 16, 1993

CLA-2-55:S:N:N6:352 884053

CATEGORY: CLASSIFICATION

TARIFF NO.: 5512.19.0040

Mr. Carl Gordon
A. N. Deringer, Inc.
147-10 181st. Street
Jamaica, NY 11413

RE: The tariff classification of polyester/rayon woven fabric from China.

Dear Mr. Gordon:

In your letter dated March 18, 1993, on behalf of your client Jayenne Fabrics, Inc., you requested a tariff classification ruling.

You have submitted a sample of plain woven fabric that has been dyed a single uniform color. Customs laboratory analysis indicates that this textile product is composed of 86.8% staple polyester and 13.2% staple rayon. The merchandise is constructed with 2-ply staple yarns in the warp and 1-ply staple yarns in the filling. It contains 34.6 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. This product has been brushed on both sides. The fabric weighs 238.5 g/m2 and the average yarn number has been calculated to be 20 in the metric system.

The applicable subheading for this woven fabric will be 5512.19.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of polyester staple fibers, other, other, duck. The rate of duty will be 17 percent ad valorem.

This textile product falls within textile category designation 219. Based upon international textile trade agreements, products of China are subject to quota restraints 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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