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NY C81965




December 10, 1997

CLA-2-50:RR:NC:TA:352 C81965

CATEGORY: CLASSIFICATION

TARIFF NO.: 5007.90.6090; 5809.00.0000

Mr. Nick DeMarco
K.C. Burdette Company, Inc.
45 John Street, Suite 903
New York, NY 10038

RE: The tariff classification of silk/metalized blend woven fabrics from India.

Dear Mr. DeMarco:

In your letter dated November 20, 1997, on behalf of your client Global Impex, Inc., you requested a classification ruling.

Two samples of plain woven fabric accompanied your request for a ruling. The first, designated as sample A Tissue Silver/Blue, is a woven fabric composed of 12% silk and 88% metalized yarns. It contains 37.4 single yarns per centimeter in the warp and 24.8 single yarns per centimeter in the filling. This fabric is constructed with yarns of different colors. Weighing approximately 71 g/m2, it will be imported in 113 centimeter widths.

Sample B Metallic Dupione Dark Brown/Bronze is a woven fabric composed of 70% silk and 30% metalized yarn. It is constructed with yarns of different colors. Weighing 120 g/m2, it will be imported in 113 centimeter widths.

The applicable subheading for the fabric designated as sample A Tissue Silver/Blue will be 5809.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of metal thread and woven fabrics of metalized yarn of heading 5605, of a kind used in apparel, as furnishing fabrics or for similar purposes, not elsewhere specified or included. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for the fabric designated as sample B Metallic Dupione Dark Brown /Bronze will be 5007.90.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of silk or silk waste, other woven fabrics, other. The duty rate will be 6.6 percent ad valorem.

Sample A Tissue Silver/Blue falls within textile category designation 229. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. Sample B Metallic Dupione Dark Brown/Bronze is not currently subject to visa requirements or quota restraints.

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,

Robert B. Swierupski
Director,

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