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NY 801011




September 30, 1994

CLA-2-52:S:N:N6:352 801011

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.22.4040; 5208.32.3040; 5208.12.4040

Mr Jonathan M. Fee
Grunfeld, Desiderio, Lebowitz & Silverman 1201 West Peachtree Street N.E.
Atlanta, Georgia 30309

RE: The tariff classification of five styles of 100% cotton plain woven fabrics from Russia.

Dear Mr. Fee:

In your letter dated August 9, 1994, on behalf of your client Jugtex U.S.A., Inc., you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, identified as style 55M-93, is a plain woven bleached fabric composed of 100% cotton. Laboratory analysis indicates that this product contains 26.8 single yarns per centimeter in the warp and 23.4 single yarns per centimeter in the filling. Weighing 142.6 g/m2, it will be imported in 145 centimeter widths. Based on the data developed by the Customs laboratory, the average yarn number for this fabric has been calculated to be 35 in the metric system.

The second sample, also identified as style 55M-93, is a plain woven fabric of 100% cotton that has been dyed a single uniform color. Laboratory analysis indicates that this fabric contains 26 single yarns per centimeter in the warp and 23.2 single yarns per centimeter in the filling. This item will be imported in 145 centimeter widths and weighs 145.9 g/m2. Based on the data provided and the information gleaned from laboratory analysis, the average yarn number has been calculated to be 33 in the metric system.

Style 8M-91 is a bleached plain woven fabric composed of 100% cotton. It contains 26 single yarns per centimeter in the warp and 21.7 single yarns per centimeter in the filling. Weighing 156.2 g/m2, this product will be imported in 145 centimeter widths. Based on the information developed by the U.S. Customs laboratory, the average yarn number for this fabric has been calculated to be 30 in the metric system.

Style 4799 is a plain woven greige fabric composed of 100% cotton. Laboratory analysis reveals that this item contains 24.4 single yarns per centimeter in the warp and 23.4 single yarns per centimeter in the filling. It weighs 150.4 g/m2, and will be imported in 165 centimeter widths. The average yarn number for this fabric has been calculated to be 31 in the metric system.

The final sample, identified as style 4744, is a greige plain woven fabric composed of 100% cotton. The U.S. Customs laboratory has found that it contains 24.4 single yarns per centimeter in the warp and 22.8 single yarns per centimeter in the filling. Weighing 155.5 g/m2, this fabric willbe imported in 164 centimeter widths. based on the information developed by the laboratory, the average yarn number for this item has been calculated to be 30 in the metric system.

The applicable subheading for the bleached woven fabrics identified as styles 55M-93 and 8M-91 will be 5208.22.4040, 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, bleached, plain weave, weighing more than 100 g/m2, of number 42 or lower number, sheeting. The duty rate will be 8.4 percent ad valorem.

The applicable subheading for the dyed woven fabric identified as style 55M-93 will be 5208.32.3040, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, dyed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, sheeting. The duty rate will be 9.6 percent ad valorem.

The applicable subheading for the greige woven fabrics identified as styles 4799 and 4744 will be 5208.12.4040, 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, sheeting. The duty rate will be 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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