NY 865493
AUG 22 1991
CLA-2-54:S:N:N3H:352 865493
Mr. Steve Liptak
Inter-Maritime Forwarding Co., Inc.
156 William Street
New York, NY 10038
RE: The tariff classification of four samples of woven fabric
from Italy.
Dear Mr. Liptak:
In your letter dated July 26, 1991, on behalf of your client
Rik Textiles Corp., you requested a tariff classification ruling.
The samples you submitted cannot be returned since they were
destroyed in analysis.
You have submitted samples of four different styles of woven
fabric. In addition, you submitted two color charts for the
fabrics identified as styles "Taffeta Bernina" and "Saglia Elba".
The color chart for style "Taffeta Bernina" contains over 45
fabric swatches which display various shades of color in which
this style may be ordered. However, two of the colors in this
chart, designated as colors 101 and 197, are white and are
considered to be bleached fabric for the purposes of the
Harmonized Tariff Schedules of the United States. Similarly, the
color chart for style "Saglia Elba" displays a fabric swatch,
designated as color code 101, which is white and consequently is
considered bleached. All the other color codes for these two
styles are for fabrics dyed a single uniform color and are
considered dyed for tariff purposes.
Sample A, identified as style "Taffeta Bernina", is composed
of 66% filament acetate and 34% filament viscose rayon. The
fabric is constructed using 84 decitex yarns in both the warp and
filling. This merchandise contains 47 single yarns per
centimeter in the warp and 25 single yarns per centimeter in the
filling. The fabric weighs 61 g/m2 and will be imported in 139
centimeter widths. It is plain woven and has been dyed a single
uniform color.
Sample B, identified as style "Saglia Elba", is composed of
100% filament viscose rayon. It is constructed using 84 decitex
yarns in the warp and 133 decitex yarns in the filling. This
fabric contains 47 single yarns per centimeter in the warp and 30
single yarns per centimeter in the filling. The merchandise is
twill woven and has been dyed a single uniform color. It weighs
79 g/m2 and will be imported in 139 centimeter widths.
Sample C is identified as style "Taffeta Misurina V". The
fabric is composed of 100% filament viscose rayon. It is
constructed using 84 decitex yarns in both the warp and the
filling. This fabric contains 47 single yarns per centimeter in
the warp and 29 single yarns per centimeter in the filling. It
weighs 61 g/m2 and will be imported in 139 centimeter widths.
This merchandise is plain woven and has been dyed a single
uniform color.
Sample D is identified as style "Manica 1982 Dis. A". This
merchandise is composed of 60% filament acetate and 40% filament
viscose rayon. It is constructed using 84 decitex yarns in both
the warp and filling. The fabric contains 47 single yarns per
centimeter in the warp and 30 single yarns per centimeter in the
filling. This fabric weighs 64 g/m2 and will be imported in 139
centimeter widths. The merchandise is plain woven with yarns of
different colors.
The applicable subheading for style "Taffeta Misurina V"
will be 5408.22.0030, Harmonized Tariff Schedule of the United
States (HTS), which provides for woven fabrics of artificial
filament yarn, including woven fabrics obtained from materials of
heading 5405, other woven fabrics, containing 85 percent or more
by weight of artificial filament or strip or the like, dyed,
weighing not more than 170 g/m2. The rate of duty will be 17
percent ad valorem.
The applicable subheading for all color designations of
styles "Taffeta Bernina" and "Saglia Elba", except color
designations 101 and 197, will be 5408.22.0030, HTS, which
provides for woven fabrics of artificial filament yarn, including
woven fabrics obtained from materials of heading 5405, other
woven fabrics, containing 85 percent or more by weight of
artificial filament or strip or the like, dyed, weighing not more
than 170 g/m2. The rate of duty will be 17 percent ad valorem.
The applicable subheading for style "Manica 1982 Dis. A"
will be 5408.23.2030, HTS, which provides for woven fabrics of
artificial filament yarn, including woven fabrics obtained from
materials of heading 5405, other woven fabrics, containing 85
percent or more by weight of artificial filament or strip or the
like, of yarns of different colors, other, weighing not more
than 170 g/m2. The rate of duty will be 17 percent ad valorem.
The applicable subheading for the bleached woven fabrics,
identified as color codes 101 and 197 for styles "Taffeta
Bernina" and "Saglia Elba", will be 5408.21.0030, HTS, which
provides for woven fabrics of artificial filament yarn, including
woven fabrics obtained from 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.
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