NY 857061

OCT 26 1990


CLA-2-55:S:N:N3H:352 857061

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of plain woven rayon/ramie/cotton blend fabric from Hong Kong.

Dear Ms. Cumins:

In your letter dated October 11, 1990, on behalf of your client H. Cotler, Inc., you requested a classification ruling.

Two samples of plain woven fabric accompanied your correspondence. The first, identified as style No. 243-01, is composed of 52% staple rayon, 26% ramie and 22% cotton. This fabric contains 24 warp ends per centimeter and 17 filling picks per centimeter. It is constructed using 31/2 c.c yarns in the warp and 11/1 c.c. yarns in the filling. The warp yarns consist wholly of rayon while the filling yarns are an intimate blend of cotton and ramie. When the fabric is dyed, the variation in fiber contents between the warp and filling results in the selective dying of the individual fibers creating a fabric composed of yarns of different colors. In the case of this fabric, the warp yarns remain white while the filling yarns are dyed beige. The second sample, identified as style No. 243-16, is identical in composition and construction to the first sample. It varies only in that the fabric has been dyed another color. The warp yarns and the filling yarns have been dyed different shades of green which results in a fabric composed of yarns of different colors.

The applicable subheading for both styles of woven fabric will be 5516.93.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, other, of yarns of different colors, other. The duty rate will be 17 percent ad valorem.

Both fabrics fall within textile category designation 218. Based upon international textile trade agreements, products of Hong Kong are subject to export license 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