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NY 860453

MAR 04 1991

CLA-2-55:S:N:N3H:352 860453


TARIFF NO.: 5516.11.0010

Mr. Allan R. Grant
International Development Systems Inc.
733 15th Street, N.W., Suite 520
Washington, D.C. 20005

RE: The tariff classification of 100% rayon challis woven fabric from Malaysia.

Dear Mr. Grant:

In your letter dated February 5, 1991, on behalf of your client, Winner Co., you requested a classification ruling.

You submitted a sample of 100% staple rayon fiber challis that is plain woven. It is constructed using 30/1 c.c. staple rayon yarns in the warp and 20/1 c.c. staple rayon yarns in the filling. The fabric contains 27 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. This merchandise is unbleached and weighs approximately 125 g/m2. It will be imported in 162.56 centimeter widths.

Your correspondence suggests that this merchandise should be classified in subheading 5516.12.0010, Harmonized Tariff Schedule of the United States, (HTS). This is incorrect. This subheading provides for dyed fabric. Since this fabric is unbleached, subheading 5516.12.0010, HTS does not apply.

The applicable subheading for the woven unbleached fabric will be 5516.11.0010, HTS, which provides for woven fabrics of artificial staple fibers, containing 85 percent or more by weight of artificial staple fibers, unbleached or bleached, plain weave. The duty rate will be 17 percent ad valorem.

This fabric falls within textile category designation 611. Based upon international textile trade agreements, products of Malaysia are subject to quota restraints and 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.


Jean F. Maguire
Area Director

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