CLA-2-55:S:N:N3H:352 874188

Mr. M. Stotchik
Meadows Wye Cardinal Air Services
147-34 176th Street
Jamaica, New York 11434

RE: The tariff classification of rayon/linen woven fabric from Brazil.

Dear Mr. Stotchik:

In your letter dated May 6, 1992, on behalf of your client St. Andrews Textile Co. Inc., you requested a tariff classification ruling.

You have submitted a sample of plain woven fabric that is identified as Perolin 5010/P. It is composed of 67% staple rayon and 33% linen. The fabric is constructed using 36/2 n.m. yarns in the warp and 18/1 n.m. yarns in the filling. This merchandise contains 19 warp ends per centimeter and 15 filling picks per centimeter. The fabric has been dyed a single uniform color and weighs 226 g/m2. Based on the data provided, the average yarn number for this product has been calculated to be 23 in the metric system.

The applicable subheading for the plain woven fabric will be 5516.92.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers containing less than 85 percent by weight of artificial staple fibers, other, dyed, duck. The rate of duty will be 17 percent ad valorem. This product falls within textile category designation 219. Based upon international textile trade agreements, products of Brazil are subject to 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