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NY H86854

January 22, 2002

CLA-2-53:RR:NC:TA:352 H86854


TARIFF NO.: 5309.29.4010

Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555Darrow Road
Hudson, Ohio 44236

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

Dear Ms. O’Shea-Moran:

In your letter dated August 10, 2001 and resubmitted on December 2, 2001, you requested a tariff classification ruling.

The submitted sample, designated as style Feld Linen Rayon Solid, is a dyed plain woven fabric composed of 55% linen and 45% staple rayon. It contains 17.3 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. This product has been constructed using 10/1 c.c. yarns in both the warp and the filling. Weighing approximately 210 g/m2, this fabric will be imported in 138 centimeter widths.

The applicable subheading for the plain woven dyed 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, of a width exceeding 127 centimeters. The rate of duty will be 0.6 percent ad valorem.

At the present time, this fabric is not subject to either visa requirements or quota restraints when produced in China.

It should be noted that this ruling is based on the data provided. Small changes in the fiber content or construction of the fabric may result in classification in other subheadings of the Harmonized Tariff Schedule of the United States resulting in changes in the duty rate and/or the quota and visa status.

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 646-733-3045.


Robert B. Swierupski

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