CLA-2-53:S:N:N3H:352 878815

Ms. Jeanne K. Derbyshire
Vescom (U.S.A.), Inc.
220 South Orange Avenue
Livingston, NJ 07039

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

Dear Ms. Derbyshire:

In your letter dated September 24, 1992, you requested a tariff classification ruling.

You have submitted several samples of woven fabric identified as, Iris, article nos. 89110/10100 through 89110/10129. Each of the samples is identical in construction and vary only in color. Article no. 89110/10123 is bleached, and the remaining samples have been dyed a single uniform color. The merchandise is composed of 70% linen and 30% staple rayon. It contains 11.8 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. This product is plain woven and weighs 310 g/m2. The fabric will be imported in 150 centimeter widths. The submitted samples are being returned to you.

The applicable subheading for the bleached woven fabric identified as, Iris, article no. 89110/10123, 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 applicable subheading for the remaining samples of dyed woven fabric, identified as Iris, will be 5309.29.4010, HTS, which provides for woven fabrics of flax, containing less than 85 percent by weight of flax, other, other, other, of a width exceeding 127 centimeters. The rate of duty will be 3 percent ad valorem. 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