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NY 858225

NOV 28 1990

CLA-2-55:S:N:N3H:352 858225


TARIFF NO.: 5513.13.0090

Mr. James J. Shay
Cashmere Home, LTD
1412 1/2 Havenhurst Drive
Los Angeles, CA 90046

RE: The tariff classification of polyester/cotton blend woven fabric from China.

Dear Mr. Shay:

In your letter dated November 16, 1990, you requested a classification ruling.

The submitted sample, identified in your corespondence as a polyester/cotton pique, is a greige woven fabric composed 65% staple polyester and 35% cotton. Although you refer to this fabric as a pique, it is actually woven with a honeycomb weave. It contains 43.3 single yarns per centimeter in the warp and 24.4 single yarns per centimeter in the filling. The fabric is constructed using 45/1 c.c. yarns in the warp and 20/1 c.c. yarns in the filling. Weighing 114 g/m2, this fabric will be imported in 44/45 inch widths.

The applicable subheading for the polyester/cotton blend woven fabric will be 5513.13.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, unbleached or bleached, other woven fabrics of polyester staple fibers, other. The duty rate will be 17 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements, products of China are subject to export license requirements and quota restaints.

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.


Jean F. Maguire
Area Director

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