NY 855479

SEP 04 1990


CLA-2-52:S:N:N3H:352 855479

Mr. Vito Pipitone
John F. Kilroy Co., Inc.
One World Trade Center, Suite 1569
New York, N.Y. 10048

RE: The tariff classification of woven fabric from Taiwan.

Dear Mr. Pipitone:

In your letter dated August 14, 1990, on behalf of your client Nissho Iwai America Corp., you requested a classification ruling.

You submitted a sample of plain woven fabric identified as embossed moire. This product is composed of 52% cotton and 48% filament polyester. It is constructed using 150 denier yarns in the warp and 7/1 c.c. yarns in the filling. The fabric is dyed and weighs 225 g/m2. It contains 59 single yarns per centimeter in the warp and 13 single yarns per centimeter in the filling. The average yarn number is calculated to be 32 in the metric system. This merchandise will be imported in 138 centimeter widths.

The applicable subheading for the woven fabric will be 5211.31.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, dyed, plain weave, poplin or broadcloth. The duty rate will be 9.7 percent ad valorem.

The embossed moire fabric falls within textile category designation 314. Based upon international textile trade agreements, products of Taiwan are subject to quota restraints 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