CLA-2-53:S:N:N3H:352 876169

TARIFF NO: 5309.21.4010

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

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

Dear Mr. Montgomery:

In your letter dated June 29, 1992, on behalf of your client Taritex, Inc., you requested a tariff classification ruling.

The submitted sample of woven fabric, identified as quality number 408, is bleached and plain woven. Based on Customs laboratory analysis, this merchandise is composed of 53.7% linen and 46.3% staple rayon. This product is constructed using 30/2 c.c. staple rayon yarns in the warp and 13/1 c.c. linen yarns in the filling. It contains 38.5 single yarns per centimeter in the warp and 23.2 single yarns per centimeter in the filling. The fabric weighs 179 g/m2 and will be imported in 162 centimeter widths.

The applicable subheading for the woven fabric will be 5309.21.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax containing less than 85 percent by weight of flax, unbleached or bleached, other, other, of a width exceeding 127 centimeters. The rate of duty will be 3 percent ad valorem.

The textile product falls 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