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NY A87804




November 25, 1996

CLA-2-54:RR:NC:TA:352 A87804

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.22.0020; 5408.22.1000

Mr. Walter M. Cline
J. Cortina, Inc.
603 E. Jackson Street
Tampa, Florida 33602

RE: The tariff classification of rayon and rayon/linen blend woven fabrics from France or Italy.

Dear Mr. Cline:

In your letter dated September 17, 1996, on behalf of your client Marie S. Paris, Inc., you requested a tariff classification ruling.

Three samples of woven fabric accompanied your request for a ruling. Laboratory analysis of style Brazil indicated it is dyed plain woven fabric composed of 39.1% filament cuprammonium rayon, 55.9% staple viscose rayon and 5% linen. It contains 37.8 single yarns per centimeter in the warp and 41.9 single yarns per centimeter in the filling. It is constructed using 110 decitex filament yarns in the warp and a combination of 36/2 c.c. and 24/1 c.c. yarns in the filling. Weighing 190.9 g/m2, it will be imported in 150 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this product has been calculated to be 42 in the metric system.

Style Cortina is a dyed dobby woven fabric composed of 100% filament cuprammonium rayon. Your correspondence indicates that this product contains 70 single yarns per centimeter in the warp and 34 single yarns per centimeter in the filling. It is constructed with 133 decitex filament yarns in the warp and 167 decitex filament yarns in the filling. Weighing 153 g/m2, this fabric will be imported in 148 centimeter widths.

Style Picquet is a dyed dobby woven fabric composed of 100% filament cuprammonium rayon. Your state that this product contains 70 single yarns per centimeter in the warp and 34 single yarns per centimeter in the filling. It is constructed with 84 decitex filament yarns in the warp and 133 decitex filament yarns in the filling. Weighing 109 g/m2, this fabric will be imported in 148 centimeter widths.

The applicable subheading for the fabric designated as style Brazil will be 5516.22.0020, Harmonized Tariff Schedule of the United States (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 man-made filaments, dyed, sheeting. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for the fabrics designated as styles Cortina and Picquet will be 5408.22.1000, HTS, which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, dyed, of cuprammonium rayon. The rate of duty will be 16.6 percent ad valorem.

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 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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