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NY 854847

AUG 10 1990

CLA-2-52:S:N:N3H:352 854847

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.41.0020

Ms. Bonnie Mosbrucker
Krueger International, Inc.
1330 Bellevue Street
P. O. Box 8100
Green Bay, Wisconsin 54308-8100

RE: The tariff classification of woven fabric from Italy.

Dear Ms. Mosbrucker:

In your letter dated July 19, 1990, you requested a classification ruling.

You submitted a sample of yarn dyed woven fabric, designated as style #09584 name "Kathin". This product is composed of 59% cotton and 41% filament cuprammonium rayon. It is constructed using 72.8 single yarns per centimeter in the warp and 41.7 single yarns per centimeter in the filling. The fabric is woven with a plain weave and weighs 247 g/m2. The average yarn number is calculated to be 46 in the metric system. This merchandise will be imported in 137 centimeter widths.

You suggested that the classification of this product may be in subheading 5210.59.4090 of the Harmonized Tariff Schedules of the United States (HTS). This subheading applies to 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 printed, other, of number 42 or lower number, other. Since the sample submitted is yarn dyed and weighs more than 200 g/m2, classification in this subheading is not possible.

The applicable subheading for the woven fabric will be 5211.41.0020, (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, yarns of different colors, plain weave, not napped. The rate of duty will be 9.7 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

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See also:

• Tariff No.: 5210.59.40 - Printed woven fabrics of cotton, nesoi, < 85% cotton by wt, mixed mainly/solely with man-made fibers, wt n/o 200g/m2, of number 42 or lower
• Tariff No.: 5211.41.00 - Plain weave fabrics of cotton, < 85% cotton by weight, mixed mainly/solely with man-made fibers, over 200g/m2, of yarns of different colors