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NY 855397


AUG 29 1990

CLA-2-55:S:N:N3H:352 855397

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.21.0020

Mr. Steven I. Engel
Texwise International Co., Inc.
1412 Broadway
New York, N.Y. 10018

RE: The tariff classification of woven fabric from Belgium.

Dear Mr. Engel:

In your letter dated August 13, l990 you requested a tariff classification ruling.

The sample submitted is a dyed woven fabric composed of 67% polyester staple fibers, and 33% cotton. This product is woven as a plain weave. It contains 49 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. The fabric weighs 160 g/m2, and will be imported in 148 centimeter widths. You indicated that this product, called "Biosafe", has been chemically treated to provide a lasting anti-microbial barrier. However, this treatment of the fabric does not effect the classification.

The applicable subheading for the "Biosafe" fabric will be 5513.21.0020, Harmonized Tariff Schedule of the United States (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 not 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

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