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NY 810111




May 25, 1995

CLA-2-52:S:N:N6:352 810111

CATEGORY: CLASSIFICATION

TARIFF NO.: 5309.11.0010; 5309.19.0010; 5212.25.6040; 5209.59.0060; 5514.39.0020

Ms. Annmarie Mueller
Annmarie Mueller Interiors
910 Fairway Drive
Vail, CO 81657

RE: The tariff classification of five samples of woven fabric from Austria.

Dear Ms. Mueller:

In your letter dated April 20, 1995, you requested a tariff classification ruling.

You have submitted five samples of woven fabric. Laboratory analysis of the two fabrics identified as sample no.1, indicates that both fabrics are identical in construction and vary only in that one is unbleached and the other is printed. These plain woven fabrics are composed of 100 percent linen. Weighing 298.4 grams per square meter, they will be imported in 130 centimeter widths.

Laboratory analysis reveals that sample no. 2, is composed of 52.8 percent cotton and 47.2 percent linen. This plain woven fabric weighs 240.8 grams per square meter. The warp is constructed with 2-ply yarns while the filling is composed of 1-ply yarns. The printed fabric contains 36.2 single yarns per centimeter in the warp and 10.2 single yarns per centimeter in the filling. The average yarn number has been calculated to be 19 in the metric system. This merchandise will be imported in 130 centimeter widths.

Information provided in the laboratory report for sample no. 3, reveals that this textile product is composed of 100 percent cotton. The fabric is woven as a plain weave except that two warp yarns (taped warp) are woven as one. It is constructed using two-ply yarns in both the warp and filling. The fabric contains 29.9 single yarns per centimeter in the warp and 17.3 single yarns per centimeter in the filling. The average yarn number has been calculated to be 11 in the metric system. This fabric weighs 396.7 grams per square meter and it will be imported in 130 centimeter widths.

It has been indicated through laboratory analysis that sample no. 4 is composed of 70.4 percent staple acrylic, 24.2 percent cotton and 5.4 percent linen. This fabric is jacquard woven with yarns of different colors. Weighing 422.8 grams per square meter, it will be imported in 140 centimeter widths.

The applicable subheading for sample no. 1, unbleached linen will be 5309.11.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of flax, containing 85 percent or more by weight of falx, unbleached or bleached, of a width exceeding 127 centimeters. The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for sample no. 1, printed linen will be 5309.19.0010, HTS, which provides for woven fabrics of flax, containing 85 percent or more by weight of flax, other, of a width exceeding 127 centimeters. The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the sample no. 2, will be 5212.25.6040, HTS, which provides for other woven fabrics of cotton, weighing more than 200 grams per square meter, printed, other, other, duck. The rate of duty will be 7 percent ad valorem.

The applicable subheading for sample no. 3, will be 5209.59.0060, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 grams per square meter, printed, other fabrics, duck, except plain weave. The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for sample no. 4, will be 5514.39.0020, 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 exceeding 170 grams per square meter, of yarns of different colors, other woven fabrics, jacquard weave. The rate of duty will be 15.3 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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