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NY 869864

December 20, 1991

CLA-2-54:S:N:N3H:352 869864


TARIFF NO.: 5408.33.9090

Mr. Noel O. Santos
K&L International
1838 El Camino Real #111
Burlingame, California 94010

RE: The tariff classification of a rayon/silk blend jacquard woven fabric from China.

Dear Mr. Santos:

In your letter dated December 6, 1991, on behalf of your client Exotic Thai Silks, you requested a classification ruling.

The submitted sample is a jacquard woven brocade fabric composed of 75 percent filament rayon and 25 percent silk. The fabric has been manufactured with yarns of different colors and is characterized by a woven floral pattern. Weighing approximately 215 g/m2, this product will be imported in 29 inch widths.

The applicable subheading for the jacquard woven fabric will be 5408.33.9090, 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, other, other. The duty rate will be 17 percent ad valorem.

The jacquard woven fabric falls within textile category designation 629. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints.

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
New York Seaport

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