CLA-2-52:S:N:N3H:352 874794

TARIFF NO: 5211.49.0020; 5210.49.4020; 5208.49.4020; 5407.73.2020

Ms. Kathleen M. Queenan
Dulles International Customhouse Brokerage Corporation
P.O. Box 17221
Dulles International Airport
Washington, D.C. 20041

RE: The tariff classification of seven samples of woven fabric from France.

Dear Ms. Queenan:

In your letter dated May 20, 1992, you requested a tariff classification ruling.

You have submitted seven samples of mattress ticking fabric that are jacquard woven. However, the two samples, identified as styles DFFC 2006 SX and DHFE 1506 SX, composed of 100% viscose rayon cannot be classified at this time. Our examination indicates that these samples contain both filament and staple fiber yarns. Since you have not separately enumerated the quantity of filament and spun fiber it is not possible to classify these two fabrics. When you provide this information we will be happy to issue you a ruling on these two fabrics.

Of the five remaining fabrics the first, identified as quality #DFFC 2497 CX, is composed of 55% cotton and 45% staple rayon. The fabric is constructed using 30/2 c.c. staple rayon yarns in the warp and three different yarn sizes in the filling which you indicated as yarn sizes 24/1 c.c., 12/1 c.c. and 5/1 c.c. It contains 35 warp ends per centimeter and 24 filling picks per centimeter. The merchandise is jacquard woven and will be imported in 215 centimeter widths. This product weighs between 305 and 310 g/m2.

Quality #DVCB 1808 PX is composed of 72% cotton and 28% filament polypropylene. It is constructed using 20/1 c.c. bleached combed cotton yarns in the warp and 210 denier polypropylene yarns in the filling. The fabric contains 35 warp ends per centimeter and 18 filling picks per centimeter. This jacquard woven textile product weighs between 155 and 160 g/m2 and will be imported in 215 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 33 in the metric system.

Quality #DVCC 1806 CX is composed of 100% cotton. It is constructed using 20/1 c.c. dyed combed cotton yarns in the warp and 16/1 c.c. dyed cotton yarns in the filling. This merchandise contains 35 warp ends per centimeter and 18 filling picks per centimeter. It weighs between 175 and 180 g/m2. The fabric is jacquard woven and will be imported in 215 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 30 in the metric system.

Quality #DYTE 2497 CX is a jacquard woven fabric that is composed of 68% cotton and 32% filament polyester. It is constructed using 167 decitex polyester yarns in the warp and three different yarn sizes in the filling which you indicated as yarn sizes 24/1 c.c., 12/1 c.c. and 5/1 c.c. This merchandise contains 35 warp ends per centimeter and 24 filling picks per centimeter. The fabric weighs between 230 and 235 g/m2, and will be imported in 215 centimeter widths.

Quality #DYTE 1608 PX, is composed of 63% filament polyester and 37% filament polypropylene. It is constructed using 167 decitex polyester yarns in the warp and 210 denier polypropylene yarns in the filling. This merchandise contains 35 warp ends per centimeter and 16 filling picks per centimeter. The fabric weighs 111 g/m2 and will be imported in 215 centimeter widths.

The applicable subheading for quality #DFFC 2497 CX and quality #DYTE 2497 CX will be 5211.49.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The rate of duty will be 9.7 percent ad valorem.

The applicable subheading for quality #DVCB 1808 PX will be 5210.49.4020, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, of yarns of different colors, other fabrics, other, of number 42 or lower number, jacquard woven. The rate of duty will be 10.4 percent ad valorem.

The applicable subheading for quality #DVCC 1806 CX will be 5208.49.4020, HTS, which provides for woven fabric of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, of yarns of different colors, other fabrics, other, of number 42 or lower number, jacquard woven. The rate of duty will be 9.6 percent ad valorem.

The applicable subheading for quality #DYTE 1608 PX will be 5407.73.2020, HTS, which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85 percent or more by of synthetic filaments, of yarns of different colors, other, weighing not more than 170 g/m2, other. The rate of duty will be 17 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