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HQ 085199


NOVEMBER 17, 1989

CLA-2 CO:R:C:G 084165 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5908.19.2090; 5208.29.2090; 5210.19.2090

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

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