CLA-2 CO:R:C:G 084165 PR
Mr. Ugo Quaglino
Texil S.p.A.
13046 Livorno Ferraris
Vercelli, Italy
RE: Classification of Fusible Interlining Fabric
Dear Mr. Quaglino:
This is in further reply to your letter of March 8, 1989,
concerning the tariff status of eight sample fabrics. In our
ruling of June 26, 1989, file 084165, you were advised of the
classification of five of the samples and that we would rule on
the remaining samples after consultation with our technical
experts. This is the ruling on the remaining three samples.
FACTS:
The three remaining samples are:
(1) 0020 2B LSOO--a greige white satin weave wholly cotton
fabric, very slightly napped on one side, with no plastics
visible to the naked eye. It contains twenty-eight 30/1 single
yarns per centimeter in the warp and nine 30/1 single yarns per
centimeter in the filling and is woven with a broken twill weave.
It weighs 86 grams per square meter and will be imported in
either 59 or 66 inch widths.
(2) 00200 2B MSO3--a bleached version of sample (1).
(3) 0103 7B RZOO--a greige satin weave fabric, very
slightly napped on one side, 55 percent cotton, 25 percent
acrylic, and 20 percent wool. The plastics application cannot be
seen with the naked eye. It is woven with a broken twill weave
and has 30 single warp yarns per centimeter and 12 single filling
yarns per centimeter. The fabric weighs 98 grams per square
meter and will be imported in 59 and 66 inch widths.
ISSUE:
The issue presented is whether the subject fabrics are
woven with a satin weave or a twill weave.
LAW AND ANALYSIS:
As explained in our prior ruling to you, since the plastics
material cannot be seen with the naked eye, the fabric is not
classifiable under Heading 5903. Therefore, in order to
determine the classification of the three samples we must decide
whether the broken twill weave is a type of twill weave or a type
of satin weave.
We have consulted numerous lexicons and almost all of them
state that twill weaves include broken twills. In addition, in
Fabric Science, by Joseph J. Pizzuto, revised by Arthur Price
and Allen C. Cohen, and published by Fairchild Publications
(copyright 1974), at page 123, the following appears:
In a true satin weave, there is only one interlacing for
each warp yarn and only one interlacing for each filling
yarn in each repeat of the weave. Also no two interlacings
ever touch or are adjacent. (underscoring added)
In examining the instant fabrics, the pattern is such that
interlacings are adjacent, which precludes these fabrics from
being satin weaves. Furthermore, the Harmonized Commodity
Description and Coding System, Explanatory Notes, which are the
official interpretation of the HTSUSA at the international level
(the 4 and 6 digit headings), illustrate, at page 713, the types
of weaves which are considered to be "3-thread or 4-thread
twill" weaves. Those weaves do not include broken twill weaves.
However, in the same section describing twill weaves, the
Explanatory Notes go on to provide an illustration of a four
thread broken twill fabric. The weave pattern in the
illustration is the same as the weave pattern of all three
samples. Accordingly, while a broken twill weave is not a "3-
thread or 4-thread twill", it is, nevertheless, a twill weave.
HOLDING:
In view of the above, sample (1) is classifiable under the
provision for unbleached woven cotton twill weave fabrics
containing 85 percent or more by weight of cotton and weighing
not more than 200 grams per square meter, in Subheading
5208.19.2090, HTSUSA, with duty, as a product of Italy, at the
1989 rate of 7.9 percent ad valorem. Sample (2) is classifiable
under a similar provision for bleached fabrics, in Subheading
5208.29.2090, HTSUSA, with duty, as a product of Italy, at the
1989 rate of 9.1 percent ad valorem. Sample (3) is classifiable
under a similar provision for unbleached cotton fabrics
containing less than 85 percent by weight of cotton, in
Subheading 5210.19.2090, HTSUSA, with duty, as a product of
Italy, at the 1989 rate of 9.1 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division