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NY E88940




March 23, 2000

CLA-2-52:RR:NC:TA:352 E88940

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.94.2090; 5407.84,0010; 5512.19.0045; 5209.51.6035; 5212.25.6030

Mr. Robert Morrissey
Interior Essentials
222 West Vista Avenue
Phoenix, Arizona 85021

RE: The tariff classification of five printed woven fabrics from Sweden.

Dear Mr. Morrissey:

In your letter dated December 6, 1999 you requested a tariff classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as style Buzz quality 68408 (art. 16466), is a printed woven fabric composed of 58.2% filament polyester and 41.8% staple rayon. It contains 76.8 single yarns per centimeter in the warp and 28.3 single yarns per centimeter in the filling. This product has been constructed using 1 ply filament polyester yarns and 2 ply staple rayon yarns in the warp and 1 ply polyester filament yarns in the filling. The rayon yarns have been clipped in various portions of the fabric creating rough geometric patterns. Weighing 117.9 g/m2, this fabric will be imported in 130 centimeter widths. Based on the data developed by the Customs laboratory and the information submitted, the average yarn number for this item has been calculated to be 89 in the metric system.

Style JO-JO Quality 68410 (art. 16484) is a plain woven printed fabric characterized by an elaborate design created by burning off some of the fiber creating a more open weave in certain portions of the fabric. Laboratory analysis indicates that this product is composed of 51.1% filament polyester and 48.9% cotton. It contains 80.8 single yarns per centimeter in the warp and 54.8 single yarns per centimeter in the filling. This fabric is constructed using two ply yarns in both the warp and the filling. Weighing 137.4 g/m2, this item will be imported in 140 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 99 in the metric system.

Style Clavus Quality 68649 (art. 16735) is a printed 4 X 1 satin woven fabric composed of 100% staple polyester. It is manufactured using 1 ply yarns in both the warp and the filling. Laboratory analysis indicates that this product contains 64.2 single yarns per centimeter in the warp and 26.8 single yarns per centimeter in the filling. Weighing 196.6 g/m2, this fabric will be imported in 130 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 46 in the metric system.

Style Spel Quality 68649 (art. 16329) is a printed plain woven fabric composed of 100% cotton. Laboratory analysis indicates that this product contains 22.2 single yarns per centimeter in the warp and 14.4 single yarns per centimeter in the filling. Weighing 245.4 g/m2, this item will be imported in 140 centimeter widths. Based on the data developed by the Customs laboratory, the average yarn number for this fabric has been calculated to be 15 in the metric system. The fabric is characterized by printed geometric designs in contrasting colors that appear layered upon each other.

Style Bow Quality 68398 (art. 16314) is a printed plain woven fabric composed of 61% cotton and 39% linen. It contains 15.4 single yarns per centimeter in the warp and 10.2 single yarns per centimeter in the filling. It is constructed with 10/1 NM yarns in the warp and 9.8/1 NM yarns in the filling. Weighing 259.7 g/m2, this item will be imported in 140 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this product has been calculated to be 9 in the metric system.

The applicable subheading for the fabric designated as style Buzz Quality 68408 will be 5407.94.2090, 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, printed, other, other, other. The rate of duty will be 15.7 percent ad valorem.

The applicable subheading for the fabric designated as style JO-JO Quality 68410 will be 5407.84.0010, 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 less than 85 percent by weight of synthetic filaments, mixed mainly or solely with cotton, printed, poplin or broadcloth. The rate of duty will be 15.7 percent ad valorem.

The applicable subheading for the fabric designated as style Clavus Quality 68649 will be 5512.19.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of polyester staple fibers, other, other, satin weave or twill weave. The rate of duty will be 15 percent ad valorem.

The applicable subheading for the fabric designated as style Spel Quality 68561 will be 5209.51.6035, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, printed, plain weave, other, sheeting, not napped, other. The rate of duty will be 8.6 percent ad valorem.

The applicable subheading for the fabric designated as style Bows Quality 68398 will be 5212.25.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for other woven fabrics of cotton, weighing more than 200 g/m2, printed, other, other, sheeting. The rate of duty will be 3.1 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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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