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NY 850240


Mar 23 1990

CLA-2-55:S:N:N3H:352 850240

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.43.0090

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, N.Y. 10004

RE: The tariff classification of a twill woven rayon/cotton fabric from Hong Kong.

Dear Ms. Shira:

In your letter dated March 6, 1990 on behalf of your client, H. Cotler Co. Inc., you requested a classification ruling.

The submitted sample, identified as range no.268, is a 3x1 twill woven fabric. It is composed of a blend of 65% staple rayon and 35% cotton. The fabric contains 42.5 single threads per centimeter in the warp and 19.7 single threads per centimeter in the filling. Weighing 237 g/m2, the fabric will be imported in 110/112 centimeter widths. The fabric has been subjected to a dying process. The nature of the yarns has caused the dye to produce different colors in the warp and filling yarns. The resulting fabric would be considered woven of yarns of different colors for the purposes of the Harmonized Tariff Schedules of the United States.

You state in your letter that you believe the fabric should be classified in subheading 5516.42.0060. This subheading provides for fabrics which are dyed a single uniform color and would therefore not be applicable to the subject fabric which has been determined to consist of yarns of different colors.

The applicable subheading for the range no.268 fabric will be 5516.43.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mined mainly or solely with cotton, of yarns of different colors, other, other. The duty rate will be 17% ad valorem.

Range 268 falls within textile category designation 218. Based upon international textile trade agreements, products of Hong Kong are subject to an export license requirement.

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

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