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NY F88490




July 7, 2000

CLA-2-50:RR:NC:TA:352 F88490

CATEGORY: CLASSIFICATION

TARIFF NO.: 5408.22.9030; 5208.21.6090; 5408.21.0030; 5208.31.8090

Mr. Eric Gilmore
Expeditors International of Washington, Inc. Westmark Building, Suite 201
980 Beaver Grade Road
Coraopolis, PA 15108

RE: The tariff classification of five plain woven lining fabrics from Italy or Germany.

Dear Mr. Gilmore:

In your letter dated June 9, 2000, on behalf of your client Hugo Boss Fashions, Inc., you requested a tariff classification ruling.

Five samples of plain woven lining fabric accompanied your request for a ruling. The first, designated as article 124, is a dyed plain woven fabric composed of 49% filament viscose rayon and 51% filament acetate. It contains 47 warp ends per centimeter and 29 filling picks per centimeter. This fabric is constructed using 84 decitex yarns in the warp and 133 decitex yarns in the filling. Weighing 80 g/m2, this product will be imported in 140 centimeter widths. Your correspondence indicates that this fabric will be used in the construction of suits and has been designed for use as a lining.

Article 127 is a bleached plain woven fabric composed of 100% cotton. It contains 37 warp ends per centimeter and 35 filling picks per centimeter. This fabric is constructed using 98 decitex yarns in the warp and 98 decitex yarns in the filling. Weighing 70 g/m2, this product will be imported in 160 centimeter widths. Based on the data provided and the sample submitted, the average yarn number for this fabric has been calculated to be 102 in the metric system. Your correspondence indicates that this fabric will be used in the construction of suits and has been designed for use as a lining.

Article 100 is a bleached plain woven fabric composed of 100% filament viscose rayon. It contains 54 warp ends per centimeter and 34 filling picks per centimeter. This fabric is constructed using 84 decitex yarns in the warp and 84 decitex yarns in the filling. Weighing 78 g/m2, this product will be imported in 140 centimeter widths. Your correspondence indicates that this fabric will be used in the construction of suits and has been designed for use as a lining.

Article 123 is a bleached plain woven fabric composed of 100% filament viscose rayon. It contains 54 warp ends per centimeter and 30 filling picks per centimeter. This fabric is constructed using 84 decitex yarns in the warp and 84 decitex yarns in the filling. Weighing 71.4 g/m2, this product will be imported in 140 centimeter widths. Your correspondence indicates that this fabric will be used in the construction of suits and has been designed for use as a lining.

Article 114, is a dyed plain woven fabric composed of 100% cotton. It contains 36 warp ends per centimeter and 35 filling picks per centimeter. This fabric is constructed using 100 decitex yarns in the warp and 100 decitex yarns in the filling. Weighing 75 g/m2, this product will be imported in 152 centimeter widths. Based on the sample and the data provided the average yarn number for this fabric is calculated to be 94 in the metric system. Your correspondence indicates that this fabric will be used in the construction of suits and has been designed for use as a lining.

The applicable subheading for the fabric designated as article 124 will be 5408.22.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from the materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, dyed, other, weighing not more than 170 g/m2. The rate of duty will be 15.7 percent ad valorem.

The applicable subheading for the fabric designated as article 127 will be 5208.21.6090, 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 not more than 200 g/m2 bleached, plain weave, weighing not more than 100 g/m2 , of number 69 or higher number, cheesecloth; lawn, voiles or batistes. The rate of duty will be 12.3 percent ad valorem.

The applicable subheading for the fabric designated as article 100 will be 5408.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from the materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, unbleached or bleached, weighing not more than 170 g/m2. The rate of duty will be 15.7 percent ad valorem.

The applicable subheading for the fabric designated as article 123 will be 5408.21.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from the materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, unbleached or bleached, weighing not more than 170 g/m2. The rate of duty will be 15.7 percent ad valorem.

The applicable subheading for the fabric designated as article 114 will be 5208.31.8090, 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 not more than 200 g/m2 dyed, plain weave, weighing not more than 100 g/m2 , other, of number 69 or higher number, cheesecloth; lawn, voiles or batistes. The rate of duty will be 13.4 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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