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NY 884895




May 10, 1993

CLA-2-52:S:N:N6:352 884895

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.32.0000; 5210.41.6000; 5212.13.6030; 5309.29.4010; 5211.43.0020

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

RE: The tariff classification of five 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 five samples of woven fabric identified as article nos. 3116, 3118, 3248, 4127 & 4132. Article no. 3116 is composed of 70% cotton and 30% filament polyester. It is constructed using 68/1 n.m. yarns in the warp and 100 decitex yarns in the filling. This 2x1 twill woven fabric has been dyed a single uniform color. It contains 66 single yarns per centimeter in the warp and 35 single yarns per centimeter in the filling. The average yarn number has been calculated to be 72 in the metric system. Weighing 140 g/m2, this merchandise will be imported in widths ranging between 148 and 150 centimeters.

Article no. 3118 is composed of 55% cotton and 45% filament nylon. It is constructed using 70/1 n.m. yarns in the warp and 156 decitex yarns in the filling. The fabric contains 48 single yarns per centimeter in the warp and 32 single yarns per centimeter in the filling. The average yarn number has been calculated to be 61 in the metric system. This fabric weighs 130 g/m2 and it will be imported in widths ranging between 145 and 150 centimeters. The merchandise is plain woven with yarns of different colors.

Article no. 3248 is a plain woven fabric that is composed of 60% cotton and 40% linen. It is constructed using 20/1 n.m. yarns in the warp and 16/1 n.m. yarns in the filling. The fabric contains 23 single yarns per centimeter in the warp and 13 single yarns per centimeter in the filling. The average yarn number has been calculated to be 18 in the metric system. It weighs 190 g/m2 and it will be imported in widths ranging between 140 and 245 centimeters. This fabric has been dyed a single uniform color.

Article no. 4132 is composed of 50% cotton and 50% linen. The fabric is constructed using 28/1 n.m. yarns in the warp and 29/1 n.m. yarns in the
filling. It contains 26 single yarns per centimeter in the warp and 19 single yarns per centimeter in the filling. The average yarn number has been calculated to be 25 in the metric system. This merchandise is plain woven and it weighs 180 g/m2. It is dyed a single uniform color and it will be imported in widths ranging between 145 and 150 centimeters.

Article no. 4127 is a 2x1 twill woven fabric that is manufactured with yarns of different colors. This merchandise is composed of 75% cotton and 25% filament nylon. It is constructed using a combination of 68/1 n.m. and 50/1 n.m. yarns in the warp and 233 decitex yarns in the filling. The fabric contains 86 single yarns per centimeter in the warp and 23 single yarns per centimeter in the filling. This textile product weighs 210 g/m2 and it will be imported in widths ranging between 148 and 150 centimeters.

The applicable subheading for article no. 3116, will be 5210.32.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, dyed, 3-thread or 4-thread twill, including cross twill. The rate of duty will be 11.1 percent ad valorem.

The applicable subheading for article no. 3118, will be 5210.41.6000, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, of yarns of different colors, plain weave, of numbers 43 to 68. The rate of duty will be 12.2 percent ad valorem.

The applicable subheading for article no. 3248, will be 5212.13.6030, HTS, which provides for other woven fabrics of cotton weighing not more than 200 g/m2, dyed, other, other, sheeting. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for article no. 4132, will be 5309.29.4010, HTS, which provides for woven fabrics of flax containing less than 85 percent by weight of flax, other, other, other, of a width exceeding 127 centimeters. The rate of duty will be 3 percent ad valorem.

The applicable subheading for article no. 4127, will be 5211.43.0020, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics of 3-thread or 4-thread twill, including cross twill. The rate of duty will be 9.7 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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