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NY 851511


MAY 08 1990

CLA-2-54:S:N:N3H:352 851511

CATEGORY: CLASSIFICATION

TARIFF NO.: 5408.33.9010

Mr. Manuel Andres
Chori America, Inc.
One Penn Plaza, 54th Floor
New York, NY 10119

RE: The tariff classification of a jacquard woven rayon/polyester fabric from Japan.

Dear Mr. Andres:

In your letter dated April 11, 1990 you requested a classification ruling.

The submitted sample, identified as #KS 41865, is a jacquard woven fabric. It is composed of a blend of 70% filament rayon, 20% filament polyester and 10% metalized yarn. The various dyed yarns used to manufacture this material have produced a fabric woven with yarns of different colors. Imported in 44 inch widths, the fabric will be used in the manufacture of evening dresses.

The applicable subheading for the #KS 41865 fabric will be 5408.33.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, of yarns of different colors, other, other, mixed mainly or solely with synthetic filaments or metalized yarn. The duty rate will be 17 percent ad valorem.

The subject fabric falls within textile category designation 618. Based upon international textile trade agreements, products of Japan 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

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