CLA-2-55:S:N:N6:352 884894

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

RE: The tariff classification of six samples of woven fabric from Germany.

Dear Mr. Liptak:

In your letter dated April 14, 1993, on behalf of your client Rik Textiles Corp., you requested a tariff classification ruling.

You have submitted six samples that are identified as style nos. 3112, 3114, 3142, 3253, 4040 and 5183. Style no. 5183 is composed of 80% staple rayon and 20% linen. This plain woven fabric is constructed using 34/1 n.m. yarns in the warp and 28/1 n.m. yarns in the filling. The fabric contains 38.5 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. The average yarn number has been calculated to be 31 in the metric system. The fabric has been dyed a single uniform color and weighs 195 g/m2. It will be imported in widths ranging between 155 and 160 centimeters.

Style no. 4040 is a plain woven fabric that is composed of 40% staple polyester, 40% linen and 20% staple rayon. It is constructed using 50/1 n.m. yarns in the warp and 24/1 n.m. yarns in the filling. The fabric contains 51 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. It weighs 200 g/m2 and the average yarn number has been calculated to be 34 in the metric system. This merchandise has been woven with yarns of different colors and it will be imported in widths ranging between 148 and 150 centimeters.

Style no. 3253 is a 2x1 twill woven fabric that is composed of 65% staple polyester and 35% cotton. The fabric is constructed using 50/1 n.m. yarns in the warp and 34/1 n.m. yarns in the filling. It contains 51 single yarns per centimeter in the warp and 26 single yarns per centimeter in the filling. The fabric weighs 200 g/m2 and the average yarn number has been calculated to be 38 in the metric system. This textile product has been dyed a single uniform color and it will be imported in widths ranging between 148 and 150 centimeters.

Style no. 3112 is composed of 65% staple polyester and 35% cotton. The

fabric is plain woven and weighs 180 g/m2. It is constructed using 50/1 n.m. yarns in the warp and 40/1 n.m. yarns in the filling. This fabric contains 49 single yarns per centimeter in the warp and 26 single yarns per centimeter in the filling. The average yarn number has been calculated to be 41 in the metric system. This merchandise has been dyed a single uniform color and it will be imported in widths ranging between 145 and 150 centimeters. We do not have sufficient information to render a classification on style nos. 3142, and 3114. However, if you would like to have a ruling on these samples, the following information is required:

(A) for style nos. 3142 and 3114, indicate both the fiber content and whether each fiber is staple or filament. The applicable subheading for style no. 5183, will be 5516.92.0010 Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, other, dyed, poplin or broadcloth. The rate of duty will be 17 percent ad valorem. The applicable subheading for style no. 4040, will be 5515.19.0005 HTS, which provides for woven fabrics of synthetic staple fibers, of polyester staple fibers, other, of yarns of different colors, except blue denim or jacquard weave. The rate of duty will be 17 percent ad valorem.

The applicable subheading for style no. 3253, will be 5514.22.0020 HTS, which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2, dyed, 3-thread or 4-thread twill, including cross twill, of polyester staple fibers, not napped. The rate of duty will be 17 percent ad valorem.

The applicable subheading for style no. 3112, will be 5514.21.0020, HTS, which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 g/m2, dyed, of polyester staple fibers, plain weave, poplin or broadcloth. The rate of duty will be 17 percent ad valorem.

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