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NY 889186

August 30, 1993

CLA-2-53:S:N:N6:352 889186


TARIFF NO.: 5309.29.4090

Mr. George T. Biris
Davis, Turner & Co.
90 Washington Street
New York, NY 10006

RE: The tariff classification of woven linen and rayon blend fabric from China.

Dear Mr. Biris:

In your letter dated August 10, 1993, on behalf of your client Pacific Way Sportswear Int'l. Inc., you requested a tariff classification ruling.

You have submitted a sample of plain woven fabric, identified as pattern no. 940101. It is composed of 55% linen and 45% staple rayon. The fabric has been dyed a single uniform color. This merchandise is constructed using 30/1 c.c. yarns in both the warp and filling. It contains 43.3 single yarns per centimeter in the warp and 19.6 single yarns per centimeter in the filling. The fabric weighs 200 g/m2 and it will be imported in 117 centimeter widths.

The applicable subheading for pattern no. 940101 will be 5309.29.4090, 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, other. The rate of duty will be 3 percent ad valorem.

This woven fabric falls within textile category designation 810. Based upon international textile trade agreements, products of China 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.


Jean F. Maguire
Area Director

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