CLA-2-55:S:N:N6:352 800174

Mr. Jordan L. Frimmer
Carna Mills, Inc.
1040 Avenue of the Americas
New York, NY 10018

RE: The tariff classification of polyester and rayon blend woven fabric from China.

Dear Mr. Frimmer:

In your letter dated July 11, 1994, you requested a classification ruling.

The submitted sample is a 2x1 twill woven fabric identified as Grade A. It is composed of 65% staple polyester and 35% staple rayon. This fabric is constructed using 32/2 c.c. yarns in both the warp and filling. It is manufactured with yarns of different colors. Weighing approximately 200 g/m2, this fabric will be imported in widths ranging between 147 and 149 centimeters.

The applicable subheading for the Grade A, 2x1 twill woven fabric will be 5515.11.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers,mixed mainly or solely with viscose staple rayon fibers, of yarns of different colors, except blue denim or jacquard weave. The duty rate will be 17 percent ad valorem. This woven fabric falls within textile category designation 218. Based upon international textile trade agreements, products of China are subject to quota restrictions and 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