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NY A84785

July 12, 1996

CLA-2-53:RR:NC:TP:352 A84785


TARIFF NO.: 5309.29.4010

Mr. Bernard D. Liberati
Morris Friedman & Co.
320 Walnut Street
Philadelphia, PA 19106-3883

RE: The tariff classification of linen/cotton blend dyed plain woven fabric from China.

Dear Liberati:

This letter replaces the ruling letter dated July 12, 1996 which you recently received. In reviewing that ruling, we have identified a clerical error in the Harmonized Tariff Schedule number contained in the body of the ruling. That clerical error has been corrected in the text below.

In your letter dated June 13, 1996, on behalf of your client Good Lad Co., you requested a classification ruling.

The submitted sample is a plain woven fabric which has been dyed a single uniform color. It is composed of 55% linen and 45% cotton and contains 20 single yarns per centimeter in the warp and 18.5 single yarns per centimeter in the filling. This product is constructed using 11/1 c.c. yarns in both the warp and filling. Your correspondence indicates that this fabric will be imported in widths ranging between 142 and 170 centimeters.

The applicable subheading for the plain woven fabric will be 5309.29.4010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax, containing less than 85 percent by weight of flax, other, other, other. The duty rate will be 2.4 percent ad valorem.

This fabric falls within textile category designation 810. Based upon international textile trade agreements products of China are subject visa requirements.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.


Roger J. Silvestri

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