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NY 871028


March 3, 1992

CLA-2-55:S:N:N3H:352 871028

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.31.0000; 5513.21.0060; 5208.49.6090; 5515.11.0020

Mr. Francisco J. Oliveira
IPAC
2101 Wilson Boulevard, Suite 1000
Arlington, Virginia 22201

RE: The tariff classification of woven cotton and man-made fiber fabrics from Portugal.

Dear Mr. Oliveira:

In your letter dated January 29, 1992 you requested a tariff classification ruling.

Four samples of woven fabric accompanied your request for a ruling. The first sample, designated as style Riosport 222 F 31520, is a plain woven fabric composed of 50% staple polyester and 50% cotton. It contains 35 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. The fabric is constructed using 30/1 c.c. yarns in both the warp and filling. Weighing 144 g/m2, this product will be imported in 150 centimeter widths. This item has been manufactured with yarns of different colors.

The second sample, identified as style Rioplene 190 F 70386, is a dyed plain woven fabric composed of 50% staple polyester and 50% combed cotton. It contains 37 single yarns per centimeter in the warp and 32 single yarns per centimeter in the filling. The fabric is constructed using 36/1 c.c. yarns in both the warp and filling. This product weighs 125 g/m2 and will be imported in 150 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 55 in the metric system.

The third sample, identified as style Rioplene 165 G 31142, is a dobby woven fabric composed of 100% cotton. It contains 41 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. It is constructed with 40/1 c.c. yarns in both the warp and the filling. Weighing 105 g/m2, the fabric will be imported in 150 centimeter widths. The fabric contains yarns of different colors. Based on the data provided, the average yarn number for this product has been calculated to be 67 in the metric system.

The final sample, designated as style Texlene 2800 Liso, is a dyed plain woven fabric composed of 70% staple polyester and 30% staple viscose rayon. It contains 21 warp ends per centimeter and 20 filling picks per centimeter. It is constructed using 30/2 c.c. yarns in both the warp and the filling. Weighing 183 g/m2, this fabric will be imported in 150 centimeter widths. Based on the information submitted, the average yarn number for this product has been calculated to be 44 in the metric system.

The applicable subheading for the fabric designated as style Riosport 222 F 31520 will be 5513.31.0000, 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, of yarns of different colors, of polyester staple fibers, plain weave. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the fabric designated as style Rioplene 190 F 70386 will be 5513.21.0060, 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, printcloth. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the fabric designated as style Rioplene 165 G 31142 will be 5208.49.6090, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, of yarns of different colors, other fabrics, of numbers 43 to 68, other. The rate of duty will be 11.4 percent ad valorem.

The applicable subheading for the fabric designated as style Texlene 2800 Liso will be 5515.11.0020, HTS, which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with viscose rayon staple fibers, other, sheeting. 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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