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HQ 085856


January 10, 1990

CLA-2 CO:R:C:G 085856 CB

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.41.0050; 5516.43.0030; 5516.43.0090; 5516.91.0040

Mr. Nam Y. Choi
Ilshin American, Inc.
614 Stanley Place
River Vale, NJ 07675

RE: Classification of woven hair interlining fabric

Dear Mr. Choi:

This is in response to your letter of October 17, 1989, requesting a binding classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for woven hair interlining fabric imported from Korea.

FACTS:

Four different samples were submitted with the request. The first sample identified as IS-200 is a plain woven fabric composed of 26% coarse goat hair, 49% staple viscose rayon and 25% staple cotton. Woven with unbleached and uncolored yarns, the fabric contains 14.4 single uncombed threads per centimeter in the warp and 12 single uncombed threads per centimeter in the filling. The average yarn number in the metric system is calculated to be 15. Weighing 167.15 g/m, the fabric will be imported in 42/43 inch widths and 60/61 inch widths.

The second sample, identified as IS-450C, is also a plain woven fabric. It is composed of a blend of 45% staple viscose rayon, 20% coarse goat hair and 35% staple cotton. Woven with unbleached and uncolored 2-ply yarns in the warp and single ply yarns in the filling, the fabric contains 24.8 single uncombed threads per centimeter in the warp and 14 single uncombed threads per centimeter in the filling. The average yarn number in the metric system is calculated to be 15. Weighing 243.11 g/m, the fabric will be imported in 42/43 inch widths as well as 60/61 inch widths.

The third sample, identified as YK-103, is composed of 40% staple viscose rayon, 26% coarse goat hair, and 34% cotton. It is a plain woven fabric constructed with unbleached and colored 2-ply yarns in the warp and unbleached and uncolored single ply yarns in the filling. The fabric contains 28.8 single per
centimeter in the warp and 12.4 single threads per centimeter in the filling. The average yarn number in the metric system is calculated to be 20. Weighing 202.42 g/m, the fabric will be imported in 42/43 inch widths and 60/61 inch widths.

The fourth sample, identified as PF-11, is composed of 60% staple viscose rayon, 19% coarse goat hair, and 21% staple cotton. Woven with unbleached and colored yarns in the warp and unbleached and uncolored yarns in the filling, the fabric contains 17.2 uncombed single threads per centimeter in the warp and 13.2 single uncombed threads per centimeter in the filling. Weighing 207.50 g/m, the fabric will be imported in 42/43 inch widths and 60/61 inch widths.

ISSUE:

How are the subject fabrics classified under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that the starting point is the terms of the headings of the tariff and any relevant section or chapter notes.

Textiles and textile articles are provided for in Section XI of the HTSUSA. Note 2, Section XI states that goods classifiable in Chapters 50 to 55 ...and of a mixture of two or more textile materials are to be classified as if consisting wholly of that one textile material which predominates by weight over each other single textile material. The staple viscose rayon predominates in each of the four subject samples. Therefore, in applying Note 2 to the subject samples, the fabrics are classifiable under Chapter 55, HTSUSA, which provides for man-made staple fibers.

Sample IS-200 weighs 167.15 g/m and contains 26 warp ends and filling picks. Statistical Note 1(d), Chapter 55, defines "cheesecloth" as a plain weave fabric, weighing not more than 170 g/m, containing not more than 33 warp ends and filling picks. Therefore, sample IS-200 is classifiable as a cheesecloth in subheading 5516.91.0040, HTSUSA.

Sample IS-450 weighs 243 g/m and is plain woven with 2-ply yarns in the warp, having an average yarn number of 15. Chapter 55, Statistical Note 1(f), defines "duck" fabrics as weighing more than 170 g/m of average yarn number 26 or lower number... plain woven of which the warp and/or filling consists of multiple (folded) or cabled yarns. Therefore, sample IS-450 is classifiable as a duck fabric in subheading 5516.41.0050, HTSUSA.

Regarding samples YK-103 and PF-11, Section XI, Subheading Note 1(h)(ii) defines woven fabrics of yarns of different colors as woven fabric...which consists of unbleached or bleached yarn and colored yarn. Samples YK-103 and PF-11 are woven with unbleached and colored yarns and neither blue denim nor jacquard woven. Therefore, they are classifiable in subheading 5516.43.0090, HTSUSA, if imported in 42/43 inch widths. In the alternative, if imported in 60/61 inch widths, the samples are classifiable in subheading 5516.43.0030, HTSUSA.

HOLDING:

Sample IS-200 is classifiable in subheading 5516.91.0040, HTSUSA, which provides for woven fabrics of artificial staple fibers, other, unbleached or bleached, cheesecloth, lawns, voiles or batistes. The rate of duty is 17 percent ad valorem and the textile category is 226.

Sample IS-450 is classifiable in subheading 5516.41.0050, HTSUSA, which provides for woven fabrics of artificial staple fibers containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with cotton, unbleached or bleached, duck. The rate of duty is 17 percent ad valorem and the textile category is 219.

Samples YK-103 and PF-11,if imported in 42/43 inch widths, are classifiable in subheading 5516.43.0090, HTSUSA, which provides for fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with cotton, of yarns of different colors, other, other. If imported in 60/61 inch widths, the samples are classifiable in subheading 5516.43.0030, HTSUSA, which provides for woven fabric of artificial staple fibers...of yarns of different colors, other, of a width exceeding 127 centimeters. In either case, the textile category is 218 and the rate of duty is 17 percent ad valorem.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the tariff number) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available at your local Customs office.

Sincerely,

John Durant, Director

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