CLA-2-52:S:N:N6:352 810111
Ms. Annmarie Mueller
Annmarie Mueller Interiors
910 Fairway Drive
Vail, CO 81657
RE: The tariff classification of five samples of woven fabric from Austria.
Dear Ms. Mueller:
In your letter dated April 20, 1995, you requested a tariff classification ruling.
You have submitted five samples of woven fabric. Laboratory analysis of the two
fabrics identified as sample no.1, indicates that both fabrics are identical in construction and
vary only in that one is unbleached and the other is printed. These plain woven fabrics are
composed of 100 percent linen. Weighing 298.4 grams per square meter, they will be
imported in 130 centimeter widths.
Laboratory analysis reveals that sample no. 2, is composed of 52.8 percent cotton and
47.2 percent linen. This plain woven fabric weighs 240.8 grams per square meter. The warp
is constructed with 2-ply yarns while the filling is composed of 1-ply yarns. The printed
fabric contains 36.2 single yarns per centimeter in the warp and 10.2 single yarns per
centimeter in the filling. The average yarn number has been calculated to be 19 in the metric
system. This merchandise will be imported in 130 centimeter widths.
Information provided in the laboratory report for sample no. 3, reveals that this
textile product is composed of 100 percent cotton. The fabric is woven as a plain weave
except that two warp yarns (taped warp) are woven as one. It is constructed using two-ply
yarns in both the warp and filling. The fabric contains 29.9 single yarns per centimeter in the
warp and 17.3 single yarns per centimeter in the filling. The average yarn number has been
calculated to be 11 in the metric system. This fabric weighs 396.7 grams per square meter
and it will be imported in 130 centimeter widths.
It has been indicated through laboratory analysis that sample no. 4 is composed of
70.4 percent staple acrylic, 24.2 percent cotton and 5.4 percent linen. This fabric is jacquard
woven with yarns of different colors. Weighing 422.8 grams per square meter, it will be
imported in 140 centimeter widths.
The applicable subheading for sample no. 1, unbleached linen will be 5309.11.0010,
Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of
flax, containing 85 percent or more by weight of falx, unbleached or bleached, of a width
exceeding 127 centimeters. The rate of duty will be 2.7 percent ad valorem.
The applicable subheading for sample no. 1, printed linen will be 5309.19.0010, HTS,
which provides for woven fabrics of flax, containing 85 percent or more by weight of flax,
other, of a width exceeding 127 centimeters. The rate of duty will be 2.7 percent ad valorem.
The applicable subheading for the sample no. 2, will be 5212.25.6040, HTS, which
provides for other woven fabrics of cotton, weighing more than 200 grams per square meter,
printed, other, other, duck. The rate of duty will be 7 percent ad valorem.
The applicable subheading for sample no. 3, will be 5209.59.0060, HTS, which
provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton,
weighing more than 200 grams per square meter, printed, other fabrics, duck, except plain
weave. The rate of duty will be 8.8 percent ad valorem.
The applicable subheading for sample no. 4, will be 5514.39.0020, HTS, which
provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by
weight of such fibers, mixed mainly or solely with cotton, of a weight exceeding 170 grams
per square meter, of yarns of different colors, other woven fabrics, jacquard weave. The rate
of duty will be 15.3 percent ad valorem.
This ruling is being issued under the provisions of Section 177 of the Customs
Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time
this merchandise is imported. If the documents have been filed without a copy, this ruling
should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport