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NY B89849





February 20, 1998

CLA-2-54:RR:NC:TA:352 B89849

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.71.0060

Mr. Stephen F. D'Urso
Textron Systems
201 Lowell Street
Wilmington, MA 081887

RE: The tariff classification of plain woven fabric composed of oxidized polyacrylonitrile from England.

Dear Mr. D'Urso:

In your letter dated September 9, 1997 you requested a tariff classification ruling.

Two samples of woven fabric accompanied your request for a ruling. Both these fabric are intermediate products that will be further processed into fully carbonized fabrics. The first sample, designated as style 1243, is a plain woven fabric composed of 100% oxidized polyacrylonitrile filament yarns. Laboratory analysis indicates that this product contains 18.1 single yarns per centimeter in both the warp and filling and is constructed with 2 ply yarns in both the warp and filling. Weighing 358.8 g/m2, this fabric will be imported in 137 centimeter widths. Although the fabric is black, it has not be dyed or colored and the black color is the natural color of this type of fiber.

Style 1071 is a plain woven fabric composed of 100% oxidized polyacrylonitrile filament yarns. Laboratory analysis indicates that this product contains 29.9 single yarns per centimeter in both the warp and filling and is constructed with 2 ply yarns in both the warp and filling. Weighing 184.5 g/m2, this fabric will be imported in 152 centimeter widths. Although the fabric is black, it has not be dyed or colored and the black color is the natural color of this type of fiber.

The applicable subheading for both plain woven fabrics will be 5407.71.0060, 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 synthetic filaments, unbleached or bleached, weighing more than 170 g/m2. The rate of duty will be 16.2 percent ad valorem.

You have not provided sufficient information for us to provide a ruling on the yarns you intend to import. If you require a ruling on these items please provide a sample of each type of yarn you require a ruling on identified by style number. In addition for each yarn indicate its fiber content, the number of plys used to construct it, the yarns tenacity in centinewtons per tex, its decitex, the number of fibers per single yarn and the number of turns per meter.

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,

Robert B. Swierupski
Director,

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