NY 865493

AUG 22 1991


CLA-2-54:S:N:N3H:352 865493

Mr. Steve Liptak
Inter-Maritime Forwarding Co., Inc.
156 William Street
New York, NY 10038

RE: The tariff classification of four samples of woven fabric from Italy.

Dear Mr. Liptak:

In your letter dated July 26, 1991, on behalf of your client Rik Textiles Corp., you requested a tariff classification ruling. The samples you submitted cannot be returned since they were destroyed in analysis. You have submitted samples of four different styles of woven fabric. In addition, you submitted two color charts for the fabrics identified as styles "Taffeta Bernina" and "Saglia Elba". The color chart for style "Taffeta Bernina" contains over 45 fabric swatches which display various shades of color in which this style may be ordered. However, two of the colors in this chart, designated as colors 101 and 197, are white and are considered to be bleached fabric for the purposes of the Harmonized Tariff Schedules of the United States. Similarly, the color chart for style "Saglia Elba" displays a fabric swatch, designated as color code 101, which is white and consequently is considered bleached. All the other color codes for these two styles are for fabrics dyed a single uniform color and are considered dyed for tariff purposes.

Sample A, identified as style "Taffeta Bernina", is composed of 66% filament acetate and 34% filament viscose rayon. The fabric is constructed using 84 decitex yarns in both the warp and filling. This merchandise contains 47 single yarns per centimeter in the warp and 25 single yarns per centimeter in the filling. The fabric weighs 61 g/m2 and will be imported in 139 centimeter widths. It is plain woven and has been dyed a single uniform color.

Sample B, identified as style "Saglia Elba", is composed of 100% filament viscose rayon. It is constructed using 84 decitex yarns in the warp and 133 decitex yarns in the filling. This fabric contains 47 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. The merchandise is twill woven and has been dyed a single uniform color. It weighs 79 g/m2 and will be imported in 139 centimeter widths.

Sample C is identified as style "Taffeta Misurina V". The fabric is composed of 100% filament viscose rayon. It is constructed using 84 decitex yarns in both the warp and the filling. This fabric contains 47 single yarns per centimeter in the warp and 29 single yarns per centimeter in the filling. It weighs 61 g/m2 and will be imported in 139 centimeter widths. This merchandise is plain woven and has been dyed a single uniform color.

Sample D is identified as style "Manica 1982 Dis. A". This merchandise is composed of 60% filament acetate and 40% filament viscose rayon. It is constructed using 84 decitex yarns in both the warp and filling. The fabric contains 47 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. This fabric weighs 64 g/m2 and will be imported in 139 centimeter widths. The merchandise is plain woven with yarns of different colors.

The applicable subheading for style "Taffeta Misurina V" will be 5408.22.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, dyed, weighing not more than 170 g/m2. The rate of duty will be 17 percent ad valorem. The applicable subheading for all color designations of styles "Taffeta Bernina" and "Saglia Elba", except color designations 101 and 197, will be 5408.22.0030, HTS, which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, dyed, weighing not more than 170 g/m2. The rate of duty will be 17 percent ad valorem.

The applicable subheading for style "Manica 1982 Dis. A" will be 5408.23.2030, HTS, which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, of yarns of different colors, other, weighing not more than 170 g/m2. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the bleached woven fabrics, identified as color codes 101 and 197 for styles "Taffeta Bernina" and "Saglia Elba", will be 5408.21.0030, HTS, which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, unbleached or bleached, weighing not more than 170 g/m2. 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport