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NY F82873




April 11, 2000

CLA-2-58:RR:NC:TA:352 F82873

CATEGORY: CLASSIFICATION

TARIFF NO.: 5803.90.4090

Mr. John Sveum
Tower Group International
P.O. Box 1738
Blaine, WA 98231-1738

RE: The tariff classification of four metalized/silk blend leno woven fabrics from India.

Dear Mr. Sveum:

In your letter dated February 3, 2000, on behalf of your client J. B. Silks Ltd., you requested a tariff classification ruling.

Four samples of leno woven fabric accompanied your request for a ruling. The fabrics are essentially identical in weight, composition and construction and vary only as to color. The four fabrics are designated as Organza Mesh black w/gold, Organza Mesh black w/black, Organza Mesh silver and Organza Mesh gold. The Customs laboratory, as representative of the group, analyzed two of the four samples. The laboratory found that Organza Mesh black w/gold is a leno woven fabric composed of 50.9% metalized yarns and 49.1% silk. Weighing 35.5 g/m2, this product will be imported in 112 centimeter widths. Style Organza Mesh black w/black is a leno woven fabric composed of 55.5% metalized yarns and 44.5% silk. Weighing 39.1 g/m2, this product will be imported in 112 centimeter widths. Also among the submitted samples were fabrics designated as Organza Mesh with color designations silver and gold. It is presumed that the physical characteristics of these fabrics including fiber content and weight are approximately the same as the fabrics that were analyzed by the Customs Laboratory.

The applicable subheading for the four leno woven fabrics will be 5803.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for gauze, other than narrow fabrics of heading 5806, of other textile materials, other, other. The rate of duty will be 2 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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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