CLA-2-53:S:N:N3H:352 874492

Mr. Charles E. Montgomery, Jr.
Fritz Companies, Inc.
P.O. Box 11004
Charleston, SC 29411-1004

RE: The tariff classification of five samples of linen woven fabric from China

Dear Mr. Montgomery:

In your letter dated May 11, 1992, on behalf of your client Taritex, Inc., you requested a classification ruling.

You have submitted five samples of woven fabric. The first, designated as Article no. 101 semi-bleached, is composed of 100% linen. The plain woven fabric is constructed using 14/1 c.c. yarns in both the warp and filling. It contains 21 single yarns per centimeter in the warp and 20 single yarns per centimeter in the filling. This product will be imported in 165 centimeter widths.

Article no. 101, natural is composed of 100% unbleached linen. It is constructed using 14/1 c.c. yarns in both the warp and filling. The merchandise contains 21 single yarns per centimeter in the warp and 20 single yarns per centimeter in the filling. This textile product will be imported in 152 centimeter widths.

Article no. 101, warp semi-bleached, is a plain woven fabric composed of 100% linen. This merchandise is constructed using 14/1 c.c. yarns in both the warp and filling. The warp yarns have been semi-bleached, while the filling yarns remain in their natural state. This fabric contains 21 single yarns per centimeter in the warp and 20 single yarns per centimeter in the filling. The fabric will be imported in 152 centimeter widths.

Article no. 2010, warp semi-bleached is composed of 100% linen and is plain woven. The fabric is constructed using 7/1 c.c. yarns in both the warp and the filling. It contains 13 single yarns per centimeter in the warp and 12 single yarns per centimeter in the filling. The warp yarns have been semi-bleached while the filling yarns remain unbleached. This textile product will be imported in 152 centimeter widths.

Article no. 2010 natural, is composed of 100% linen. This plain woven unbleached product is constructed using 7/1 c.c. yarns in both the warp and the filling. The merchandise contains 13 single yarns per centimeter in the warp and 12 single yarns per centimeter in the filling. It will be imported in 152 centimeter widths.

The applicable subheading for each of the linen fabrics will be 5309.11.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax containing 85 percent or more by weight of flax, unbleached or bleached, of a width exceeding 127 centimeters. The duty rate will be 3 percent ad valorem.

All five woven fabrics fall within textile category designation 810. Based upon international textile trade agreements, products of China 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