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