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NY 892811




December 29, 1993

CLA-2-51:S:N:N6:352 892811

CATEGORY: CLASSIFICATION

TARIFF NO.: 5111.30.9000; 5516.31.1000; 5516.93.0090

Mr. Nam Y Choi
Ilshin America, Inc.
614 Stanley Place
River Vale, New Jersey 07675

RE: The tariff classification of five plain woven interlining fabrics from South Korea.

Dear Mr. Choi:

In your letter dated November 26, 1993 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. Unfortunately, we are not able to provide a ruling on the sample designated as style IS-9930. Although you have provided information on the fiber content of this sample, our examination of the fabric indicates that the fiber content is obviously incorrect. You indicated that the fabric is composed of 57% wool and 43% cotton, however microscopic examination of the filling yarns indicated that many of these yarns are not wool fibers but may be horse hair. It is not clear whether you inadvertently sent the wrong sample or you have provided an inaccurate fiber content. When you provide the correct fiber content for this product we will be happy to issue a ruling on this product.

The plain woven fabric designated as style IS-9000 is composed of 46% carded wool, 30% staple polyester, 12% camel hair and 12% staple viscose rayon. It contains 17.7 warp ends per centimeter and 18.9 filling picks per centimeter. This unbleached fabric is constructed using 2 ply yarns in the warp. Weighing 180 g/m2, this product will be imported in 107 or 168 centimeter widths.

Style IS-9901 is a plain woven fabric composed of 48% carded wool, 33% camel hair, 13% staple viscose rayon and 6% staple nylon. It contains 17.3 warp ends per centimeter and 17.3 filling picks per centimeter. Constructed using 2 ply yarns in the warp, this item is not bleached or colored. Weighing 190 g/m2, it will be imported in either 107 or 168 centimeter widths. Style IS-4000LF is a plain woven interlining fabric composed of 50% staple viscose rayon, 27% carded wool and 23% cotton. It contains 26.4 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. This item will be imported in either 107 or 168 centimeter widths and weighs 192 g/m2.

The final sample, designated as style IS-8000, is a plain woven fabric composed of 38% staple viscose rayon, 23% staple polyester, 31% domestic goat hair and 8% carded wool. It contains 15.7 warp ends per centimeter and 13.4 filling picks per centimeter. This product is constructed using 2 ply yarns in the warp and contains yarns of different colors. The fabric weighs 200 g/m2 and will be imported in either 107 or 168 centimeter widths.

The applicable subheading for the two plain woven interlining fabrics designated as styles IS-9000 and IS-9901 will be 5111.30.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of carded wool or of carded fine animal hair, other, mixed mainly or solely with man-made staple fibers, other. The duty rate will be 48.5 cents per kilogram plus 38 percent ad valorem.

The applicable subheading for the interlining fabric designated as style IS-4000LF will be 5516.31.1000, 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 wool or fine animal hair, unbleached or bleached, other. The duty rate will be 14.3 percent ad valorem.

The applicable subheading for the interlining fabric designated as style IS-8000 will be 5516.93.0090, HTS, which provides for woven fabrics of artificial staple fibers, other, of yarns of different colors, other. The duty rate will be 17 percent ad valorem.

Styles IS-9000 and IS-9901 fall within textile category designation 410. Based upon international textile trade agreements, products of South Korea are subject to both quota restraints and visa restrictions.

Style IS-4000LF falls within textile category designation 624. Based upon international textile trade agreements, products of South Korea are subject to both quota restraints and visa restrictions.

Style IS-8000 falls within textile category designation 218. Based upon international textile trade agreements, products of South Korea are subject to both quota restraints and visa restrictions.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 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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