NY 858734

Feb 11 1991


CLA-2-54:S:N:N3H:352 858734

Mr. Kent Sunakoda
James J. Boyle & Co.
2525 Corporate Place #100
Monterey Park, CA 91754

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

Dear Mr. Sunadoda:

In your letter dated November 30, 1990, on behalf of Nissho Iwai American Corporation you requested a classification ruling.

You have submitted a sample of fabric that is dobby woven and piece dyed. Based on our examination of this merchandise, this product is composed of 51.9% filament polyester, 31.8% staple polyester and 16.3% staple rayon. The fabric contains 22 two-ply yarns per centimeter in the warp and 22 two-ply yarns per centimeter in the filling. It weighs approximately 174.8 g/m2, and will be imported in 149 centimeter widths. The average yarn number is calculated to be 50 in the metric system.

The applicable subheading for the woven fabric will be 5407.92.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, dyed, other, other, other. The duty rate will be 17 percent ad valorem.

This fabric falls within textile category designation 629. Based upon international textile trade agreements, products of Thailand are subject to quota restrictions 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
New York Seaport