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NY K83865




March 15, 2004
CLA-2-53:RR:NC:TA:352 K83865

CATEGORY: CLASSIFICATION

TARIFF NO.: 5309.19.0010

Mr. Jim Reynolds
John A. Steer Co.
28 South Second Street
Philadelphia, PA 19106

RE: The tariff classification of four woven fabrics from the United Kingdom and France.

Dear Mr. Reynolds:

In your letter dated February 27, 2004, on behalf of your client Vaughan Designs, you requested a tariff classification ruling.

Four samples of woven fabric accompanied your request for a ruling. The fabrics have been designated as styles “Lindos” code NF07/R, “Anatolia” code NF01, “Zursa” code NF09 and “Ottoman Velvet” code NV03/R. Each of the first three fabrics (NF01, NF07/R and NF01) is identical in construction and fiber content and varies only in the motif that has been printed on one side of each fabric. These three fabrics are printed plain woven fabrics composed of 100% linen. These three fabrics all weigh approximately 230 g/m2. The style designated as “Anatolia” code NF01 will be imported in 137 centimeter widths while style “Lindos” code NF07/R will be imported in 133.5 centimeter widths. Style “Zursa” code NF09 will be imported in 134.5 centimeter widths.

The applicable subheading for the woven fabrics designated as styles “Lindos” code NF07/R, “Anatolia” code NF01 and “Zursa” code NF09 will be 5309.19.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax, containing 85 percent or more by weight of flax, other, of a width exceeding 127 centimeters. The rate of duty will be free.

At the present time goods classifiable in subheadings 5309.19.0010, HTS, are not subject to either quota restraints or visa requirements when produced in the United Kingdom.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to these items.

You have not provided sufficient information for us to provide a classification for the fabric designated as “”Ottoman Velvet”. Please provide the fiber content of the pile yarns separately from the overall fiber content of the fabric. In addition, indicate whether this fabric is a warp pile or a weft pile. Please provide the weight of the fabric in grams per square meter. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to the Bureau of Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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