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NY 806129




March 22, 1995

CLA-2-51:S:N:N6:352 806129

CATEGORY: CLASSIFICATION

TARIFF NO.: 5112.19.9040; 5515.13.1020

Mr. Richard W. Gardenier
M. E. Dey & Co.
P. O. Box 37165
Mikwaukee, WI 53237-0165

RE: The tariff classification of four samples of polyester/wool blend woven fabric from England.

Dear Mr. Gardenier:

In your letter dated January 13, 1995, on behalf of your client Robert Gaspard Co., you requested a tariff classification ruling.

You have submitted four samples of woven fabric that are identified as items #778, Luxemberg with gold, #778, Luxemberg Solid, #776, Cornelius and #669, Vitex. Your letter of inquiry states that this merchandise will be used to manufacture liturgical vestments. Laboratory analysis reveals that item #778, Luxemberg with gold, is composed of 97.5% combed wool and 2.5% metallic yarn. It is woven with a complex weave characterized by a cord like appearance. This fabric weighs 208.4 g/m2 and it will be imported in 157 centimeter widths.

Based on the information provided in the laboratory report, item #778, Luxemberg Solid, is composed of 100% combed wool. The fabric weighs 216.4 g/m2 and it has been died a single uniform color. This textile product is woven with a complex weave characterized by a cord like appearance. It will be imported in 157 centimeter widths.

Laboratory analysis of item #776, Charnels, indicates that this woven textile product is composed of 97.3% combed wool and 2.7% metallic yarn. The fabric is woven with a complex weave that is characterized by a cord like appearance and it weighs 204.6 g/m2. This fabric will be imported in 164 centimeter widths.

The last sample is identified as item #669, Vitex. Laboratory analysis of this fabric reveals that the merchandise is composed of 65.9% staple polyester, 23.9% combed wool, 9.2% combed cotton and 1.5% staple rayon. It is constructed using 2- ply unbleached yarns in the warp and 1-ply bleached yarns in the filling. The fabric contains 39.4 single yarns per centimeter in the warp and 13.8 single yarns per centimeter in the filling. Weighing 201.1 g/m2, this plain woven fabric will be imported in 150 centimeter widths. The average yarn number has been calculated to be 26 in the metric system.

The applicable subheading for items #778, Luxemberg with gold lurex, #778, Luxemberg Solid and #776, Cornelius, will be 5112.19.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of combed wool or of fine animal hair, containing 85 percent or more by weight of wool or of fine animal hair, other, other, other, weighing not more than 270 g/m2. The rate of duty will be 35 percent ad valorem.

The applicable subheading for item #669, Vitex, will be 5515.13.1020, HTS, which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, mixed mainly or solely with wool or fine animal hair, other, combed. The rate of duty will be 14.1 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
New York Seaport

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