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NY 884948





May 14, 1993

CLA-2-54:S:N:N6:352 884948

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.73.2020

Mr. Steve Liptak
Inter-Maritime Forwarding Co., Inc.
156 William Street
New York, NY 10038

RE: The tariff classification of six samples of woven fabric from Germany.

Dear Mr. Liptak:

In your letter dated April 14, 1993, on behalf of your client Rik Textiles Corp., you requested a tariff classification ruling.

You have submitted six samples that are identified as style nos. 3126, 3129, 3313, 3335, 3337 and 3392. Style no. 3126 is composed of 60% filament polyester and 40% filament nylon. This twill woven fabric is constructed using 78 decitex yarns in the warp and 176 decitex yarns in the filling. The fabric contains 65 single yarns per centimeter in the warp and 42 single yarns per centimeter in the filling. It contains yarns of different colors and weighs 150 g/m2. This fabric will be imported in widths ranging between 145 and 150 centimeters.

Style no. 3129 is a plain woven fabric that is composed of 60% filament polyester and 40% filament nylon. It is constructed using 78 decitex yarns in the warp and 100/2 decitex yarns in the filling. The fabric contains 48 single yarns per centimeter in the warp and 60 single yarns per centimeter in the filling. It weighs 115 g/m2 and the average yarn number has been calculated to be 67 in the metric system. This merchandise contain yarns of different colors and it will be imported in widths ranging between 145 and 150 centimeters.

Style no. 3313 is a 2x1 twill woven fabric that is composed of 60% filament polyester and 40% filament nylon. The fabric is constructed using 90/1 decitex yarns in the warp and 100/2 decitex yarns in the filling. It contains 56 single yarns per centimeter in the warp and 86 single yarns per centimeter in the filling. The fabric weighs 150 g/m2 and the average yarn number has been calculated to be 66 in the metric system. This textile product contains yarns of different colors and it will be imported in widths ranging between 145 and 150 centimeters.

We do not have sufficient information to render a classification on style nos. 3335, 3337 and 3392. However, if you would like to have a ruling on these samples, the following information is required:

(A) for style nos. 3335 and 3337, indicate both the fiber content and whether each fiber is staple or filament

(B) for style no. 3392, provide information indicating whether polyester yarns are textured or not textured

The applicable subheading for style nos. 3126, 3129 and 3313 will be 5407.73.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarns, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of filaments, of yarns of different colors, weighing not more than 170 g/m2, other. 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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