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NY 870831


February 27, 1992

CLA-2-52:S:N:N3H:352 870831

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.12.4090; 5208.52.1000

Mr. Robert D. Stang
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, N.Y. 10017

RE: The tariff classification of 100% cotton hand-loomed fabric from India.

Dear Mr. Stang:

In your letter dated January 23, 1992, on behalf of your client Coyne Textile Services, you requested a classification ruling.

Two samples of fabric accompanied your request for a ruling. The first, is a 100% cotton plain woven greige fabric. It contains 12.5 single yarns per centimeter in the warp and 9.5 single yarns per centimeter in the filling. It weighs approximately 150 g/m2 and has been manufactured on a hand loom. Based on the data submitted and an analysis of the fabric, the average yarn number for this product has been calculated to be 14 in the metric system . The second sample is identical in construction to the first fabric and varies only in the fact that it has been printed. Both fabric will be used to manufacture shop towels after importation into the United States.

The applicable subheading for the greige hand-loomed fabric will be 5208.12.4090, 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, unbleached, plain weave, weighing more than 100 g/m2, of number 42 or lower number, cheesecloth. The duty rate will be 7 percent ad valorem.

The applicable subheading for the printed plain woven hand- loomed fabric will be 5208.52.1000, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, printed, plain weave, weighing more than 100 g/m2, certified hand-loomed fabrics. The duty rate will be 6 percent ad valorem. Classification as a certified hand-loomed fabric is predicated on an official of a government agency of India, prior to exportation, certifying the fabric has been made on a hand loom by a cottage industry.

The greige plain woven fabric falls within textile category designation 226. Based upon international textile trade agreements, products of India are subject to visa requirements and quota restraints. The printed plain woven hand-loomed fabric is not currently subject to quota or visa requirements provided that prior to exportation an official of a government agency of India certifies that the fabric has been made on a hand loom by a cottage industry.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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