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NY 803610




November 21, 1994

CLA-2-52:S:N:N6:352 803610

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.11.4090; 5208.11.4060

Mr. Gonzalo D. Bernal
Industrias Albus S.R.L.
Avenue Vasquez No. 912, Pura Pura, Casilla:10942 La Paz, Bolivia

RE: The tariff classification of three greige 100% cotton plain woven fabrics from Bolivia.

Dear Mr. Bernal:

In your letter dated October 17, 1994 you requested a tariff classification ruling.

Your request for a ruling included samples of three woven fabrics. The first, designated as stock number 105 803789 Gauze 20/10, is a greige plain woven fabric composed of 100% cotton. Laboratory analysis indicates that this product contains 7.8 single yarns per centimeter in the warp and 4 single yarns per centimeter in the filling. It is constructed using 31/1 c.c. yarns in the warp and 39/1 c.c yarns in the filling. Weighing 23.2 g/m2, this fabric will be imported in 124 centimeter widths. Based on the data developed by the Customs' laboratory, the average yarn number for this fabric has been calculated to be 50 in the metric system.

The fabric designated as style 635449 is a greige plain woven fabric composed of 100% cotton. Laboratory analysis reveals that this item contains 24.4 single yarns per centimeter in the warp and 21.2 single yarns per centimeter in the filling. It is constructed using 31/1 c.c. yarns in the warp and 39/1 c.c. yarns in the filling. This fabric weighs 87.8 g/m2 and will be imported in 124 centimeter widths. The average yarn number for this product has been calculated to be 52 in the metric system.

Style 604048 is a greige plain woven fabric composed of 100% cotton. Based on laboratory analysis, it contains 22.8 single yarns per centimeter in the warp and 15.7 single yarns per centimeter in the filling. This product is constructed using 31/1 c.c. yarns in the warp and 39/1 c.c. yarns in the filling. The fabric weighs 73 g/m2 and will be imported in 124 centimeter widths. The average yarn number for this fabric has been calculated to be 52 in the metric system.

The applicable subheading for the plain woven greige fabric designated as stock number 105 803 789 Gauze 20/10 will be 5208.11.4090, 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 not more than 100 g/m2, of numbers 43 to 68, cheesecloth. The rate of duty will be 9 percent ad valorem.

The applicable subheading for the two plain woven greige fabrics designated as style numbers 635449 and 604048 will be 5208.11.4060, 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 not more than 100 g/m2, of numbers 43 to 68, printcloth. The rate of duty will be 9 percent ad valorem.

Your correspondence also requests information on the applicability of preferential duty treatment for these fabrics under the General System of Preferences (GSP) or the Andean Trade Preference Act (ATPA). Unfortunately fabrics classified in subheadings 5208.11.4090 and 5208.11.4060, HTS, are not eligible for preferential treatment under either the GSP or ATPA.

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

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