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NY C85777

March 27, 1998

CLA-2-58:RR:NC:TA:352 C85777


TARIFF NO.: 5809.00.0000

Mr. Kevin W. Stewart
The I.C.E. Co., Inc.
P.O. Box 610583
Dallas/Fort Worth Airport
Texas 75261-0583

RE: The tariff classification of metalized/silk blend plain woven fabric from India.

Dear Mr. Stewart:

In your letter dated March 24, 1998, on behalf of your client Cutting Corners, Inc., you requested a classification ruling.

The submitted sample, identified as "Metalic Silk Tissue", is a plain woven fabric composed of 89% metalized yarn and 11% silk. Weighing approximately 73 g/m2, this product will be imported in 112 centimeter widths.

The applicable subheading for the woven fabric will be 5809.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of metal thread and woven fabrics of metalized yarn of heading 5605, of a kind used in apparel, as furnishing fabrics or for similar purposes, not elsewhere specified or included. The duty rate will be 16.2 percent ad valorem.

This fabric falls within textile category designation 229. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

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.


Robert B. Swierupski

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