CLA-2-60:S:N:N3H:351 868608

Ms. Sheyla Boutet
Boutman Florida Inc.
80 S.W. 8th St.
Miami, Florida 33130

RE: The tariff classification of woven and knit fabrics from Italy

Dear Ms. Boutet:

In your letter dated October 29, 1991 you requested a tariff classification ruling. You have enclosed four small swatches of material, which, based on examination and on the data provided in your letter, are as follows:

NISIDA is a dyed, woven 52% linen 48% viscose material, 150 centimeters in width, weighing 205 grams per square meter.

ARMONIA is a knit material of 80% nylon 20% lycra, 145 centimeters in width, weighing 190 grams per square meter.

DOMINGO FROISSE is a velvet warp knit material of 87% polyamide 13% lycra, 138 centimeters in width, weighing 205 grams per square meter.

ART # 939 is a knit material of 80% polyamide 20% lycra, 150 centimeters in width. The weight is not stated but the sample appears to be of approximately the same weight as item ARMONIA.

The applicable subheading for NISIDA 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 cm. The rate of duty will be 3%.

The applicable subheading for ARMONIA and ART # 939 will be 6002.30.2000 HTS, which provides for other knitted or crocheted fabrics, of a width exceeding 30 cm, containing by weight 5 percent or more of elastomeric yarn or rubber thread, containing elastomeric yarn. The rate of duty will be 14%.

The applicable subheading for DOMINGO FROISSE will be 6001.92.0040 HTS, which provides for pile fabrics...knitted or crocheted, other, of man-made fibers, other, other. The rate of duty will be 19.5%.

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