CLA-2-53:RR:NC:TA:352 K86981
Ms. Adeline Lam
Star Enterprises (H.K.) Co. Limited
Unit A-D, 12/F, Centre 600
82 King Lam Street
Kln., Hong Kong
RE: The tariff classification of four linen and linen/cotton blend plain
woven fabrics from China.
Dear Ms. Lam:
In your letter dated June 18, 2004 you requested a tariff classification ruling.
Four samples of woven fabric accompanied your request for a ruling. The first, designated as style PL-4443/0909-53 XSL, is a dyed plain woven fabric composed of 100% linen. It contains 17.3 single yarns per centimeter in the warp and 16.9 single yarns per centimeter in the filling. This item is constructed using 9/1 c.c. yarns in both the warp and the filling. Weighing 235 g/m2, this product will be imported in 135 centimeter widths.
Style LC5545-4238/0808-57 XSL is a dyed plain woven fabric composed of 55% linen and 45% cotton. It contains 16.5 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. This item is constructed using 8/1 c.c. yarns in both the warp and the filling. Weighing 317 g/m2, this product will be imported in 145 centimeter widths.
Style LC-5254/2113-#444 AZH is a printed plain woven fabric composed of a blend of linen and cotton. Although the exact percentage of linen and cotton was not provided, based on the number of yarns and yarn sizes provide it is presumed that linen predominates by weight over the cotton. It contains 20.5 single yarns per centimeter in the warp and 21.3 single yarns per centimeter in the filling. This item is constructed using 21/1 c.c. cotton yarns in the warp and 13/1 c.c. linen yarns in the filling. Weighing 134 g/m2, this product will be imported in 112 centimeter widths.
Style LC5545-5147/1111 XSL is a printed plain woven fabric composed of 55% linen and 45% cotton. It contains 20.1 single yarns per centimeter in the warp and 18.5 single yarns per centimeter in the filling. This item is constructed using 11/1 c.c. cotton yarns in the warp and 11/1 c.c. linen yarns in the filling. Weighing 188 g/m2, this product will be imported in 136 centimeter widths.
Your correspondence also describes another fabric for which no sample was provided. This product was described as a printed plain woven fabric composed of 100% linen. It is presumed that the fabric will be imported in either 150 or 300 centimeter widths.
The applicable subheading for the fabric designated as style PL-4443/0909-53 XSL and the fabric described as a 100% linen printed plain woven fabric will be 5309.19.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax, containing 85 percent or more by weight of flax, other, of a width exceeding 127 centimeters. The rate of duty will be free.
The applicable subheading for the fabric designated as style LC5545-4238/0808-57 XSL and style LC5545-5147/1111 XSL will be 5309.29.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax, containing less than 85 percent by weight of flax, other, other, other, of a width exceeding 127 centimeters. The rate of duty will be free.
The applicable subheading for the fabric designated as style LC-5254/2113-#444 AZH will be 5309.29.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax, containing less than 85 percent by weight of flax, other, other, other, other. The rate of duty will be free.
At the present time none of the fabrics described in this ruling are subject to either quota restraints or visa requirements when produced in China.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division