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NY 892347




December 9, 1993

CLA-2-55:S:N:N6:352 892347

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.23.0090

Ms. Kathleen M. Queenan
Dulles International CHB Corp.
P. O. Box 17221
Dulles International Airport
Washington, DC 20041

RE: The tariff classification of samples of woven fabric from France.

Dear Ms. Queenan:

In your letter dated November 12, 1993, on behalf of your client S. A. Coutils De Laval, you requested a tariff classification ruling.

You have submitted four samples of mattress ticking fabrics that are jacquard woven with yarns of different colors. However, the two samples identified, as styles DFFC 2006 SX and DHFE 1506 SX, composed of 100% viscose rayon cannot be classified at this time. Our examination indicates that these samples contain both filament and staple fiber yarns. Since you have not separately enumerated the quantity of filament and staple fiber, it is not possible to classify these two fabrics. When you provide this information we will be happy to issue you a ruling on these two fabrics.

Of the two remaining fabrics the first, identified as Quality #DFFC 1708 PX, is composed of 77% staple rayon and 23% filament polypropylene. The fabric is constructed using 30/2 c.c. staple rayon yarns in the warp and 233 decitex filament polypropylene yarns in the filling. It contains 33 warp ends per centimeter and 17 filling picks per centimeter. This jacquard woven textile product is manufactured with yarns of different colors. It weighs between 180 and 185 g/m2 and it will be imported in 215 centimeter widths.

Quality #DHFE 1408 PX is composed of 78% staple rayon and 22% filament polypropylene. The fabric is constructed using 18/1 c.c. staple rayon yarns in the warp and 233 decitex filament polypropylene yarns in the filling. It contains 35 warp ends per centimeter and 14 filling picks per centimeter. This fabric is jacquard woven with yarns of different colors. Weighing between 145 and 150 g/m2, it will be imported in 215 centimeter widths.

The applicable subheading for Quality #DFFC 1708 PX and Quality #DHFE
1408 PX will be 5516.23.0090, Harmonized Tariff Schedule of the United States (HTS), 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 man-made filaments, of yarns of different colors, 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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