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NY A83231




May 3, 1996

CLA-2-55:RR:NC:TP:352 A83231

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.13.0000; 5516.43.0010; 5516.12.0020

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt
Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of "Tencel" and "Tencel"/cotton blend twill woven fabric from Brazil.

Dear Ms Cumins:

In your letter dated April 29, 1996, on behalf of your client Cotton States Industries, you requested a classification ruling.

Four samples of woven fabric accompanied your request for a ruling. The first, designated as style 0701-970, is a warp face 2/1 twill woven fabric composed of 100% staple "Tencel". It contains 30.8 single yarns per centimeter in the warp and 21.8 single yarns per centimeter in the filling. It is constructed using blue yarns in the warp and white yarns in the filling. Weighing 245 g/m2, it will be imported in 166 centimeter widths.

Style 1212-570 is a warp face 2/1 twill woven fabric composed of 65% staple "Tencel" and 35% cotton. It is constructed with blue yarns in the warp and white yarns in the filling. This fabric contains 26.2 single yarns per centimeter in the warp and 15.1 single yarns per centimeter in the filling. Weighing 425 g/m2, this product will be imported in 166 centimeter widths.

Style 1476-570 is a warp face 3/1 twill woven fabric composed of 65% staple "Tencel" and 35% cotton. It is constructed with blue yarns in the warp and white yarns in the filling. This fabric contains 26.3 single yarns per centimeter in the warp and 17.5 single yarns per centimeter in the filling. This item weighs 490 g/m2 and will be imported in 165 centimeter widths.

Style 2930-B01 is a 3/1 twill woven fabric composed of 100% staple "Tencel". It has been dyed a single uniform color. This fabric contains 38.7 single yarns per centimeter in the warp and 18.7 single yarns per centimeter in the filling. It will be imported in 165 centimeter widths and weighs 290 g/m2.

The applicable subheading for the fabric designated as style 0701-970 will be 5516.13.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial staple fibers, containing 85 percent or more by weight of artificial staple fibers, of yarns of different colors. The duty rate will be 16.6 percent ad valorem.

The applicable subheading for the fabrics designated as styles 1212-570 and 1476-570 will be 5516.43.0010, 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 cotton, of yarns of different colors, denim, blue denim. The duty rate will be 13.6 percent ad valorem.

The applicable subheading for the fabric designated as style 2930-B01 will be 5516.12.0020, HTS, which provides for woven fabrics of artificial staple fibers, containing 85 percent or more by weight of artificial staple fibers, dyed, satin weave or twill weave. The duty rate will be 16.6 percent ad valorem.

Styles 0701-970 and 2930-B01 fall within textile category designation 611 while styles 1212-570 and 1476-570 fall within textile category designation 225. Based upon international textile trade agreements products of Brazil are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-4896.

Sincerely,

Roger J. Silvestri
Director

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