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NY B84515




May 6, 1997

CLA-2-54:RR:NC:TA:352 B84515

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.69.2010; 5407.72.0015; 6001.22.0000; 6001.10.2000

Mr. Anthony Dragone
Steven Buscemi Customs Brokerage
317 S. Isis Avenue, Suite 201
Inglewood, Ca 90301

RE: The tariff classification of woven and knit fabrics from Italy and Switzerland.

Dear Mr. Dragone:

In your letter dated April 7, 1997, on behalf of your client Nils, Inc., you requested a tariff classification ruling. Pursuant to your request we are returning the samples that you submitted.

Four samples of fabric accompanied your request for a ruling. The first, designated as style Mod Squad, is a twill woven fabric that has been dyed a single uniform color. It is composed of approximately 51% non-textured filament polyester and 49% textured filament polyester. This product contains 60 single yarns per centimeter in the warp and 59 single yarns per centimeter in the filling. The fabric is constructed using 78 decitex yarns in the warp and 76 decitex yarns in the filling. Weighing 105 g/m2, this item will be imported in 152 centimeter widths.

Style "Precious Elements" is a twill woven fabric that has been dyed a single uniform color. It is composed of 60% filament polyester and 40% filament nylon. The fabric has been constructed using 90 decitex filament yarns in the warp and 167 decitex filament yarns in the filling. Weighing 135 g/m2, this product will be imported in 150 centimeter widths.

Style "Racy" is a knitted loop-pile brushed fabric which has been dyed black. It is composed of 86% nylon and 14% "Elastam" fiber (which we assume is the generic fiber spandex). Weighing 240 g/m2, this fabric will be imported in 130 centimeter widths.

Style "BLK/SIL Faux Fur" is a knitted fake fur fabric composed of 80% modacrylic and 20% polyester. This product is a knitted fabric into which carded fibers have been inserted during the knitting process. Weighing 633 g/m2, this fabric will be imported in 150 centimeter widths.

The applicable subheading for the fabric designated as style Mod Squad will be 5407.69.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of polyester filaments, other, dyed, weighing not more than 170 g/m2. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for the woven fabric designated as style Precious Elements will be 5407.72.0015, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by weight of synthetic filaments, dyed, weighing not more than 170 g/m2. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for the brushed knit loop pile fabric designated as style Racy will be 6001.22.0000, HTS, which provides for pile fabrics, including "long pile" fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of man-made fibers. The rate of duty will be 18.8 percent ad valorem.

The applicable subheading for the knitted fake fur fabric designated as style BLK/SIL Faux Fur will be 6001.10.2000, HTS, which provides for pile fabrics, including "long pile" fabrics and terry fabrics, knitted or crocheted, "long pile" fabrics, of man-made fibers. The rate of duty will be 18.8 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,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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