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NY 807571




March 14, 1995

CLA-2-52:S:N:N6:352 807571

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.52.3040

Ms. Maud Hendler
Royal Sweden
Box 174
Short Hills, New Jersey 07078

RE: The tariff classification of a printed plain woven fabric from Sweden.

Dear Ms. Hendler:

In your letter dated February 3, 1995 you requested a tariff classification ruling.

The submitted sample is a plain woven fabric composed of 100% cotton. It has been printed with a floral design. Laboratory analysis indicates that this product contains 25.2 single yarns per centimeter in the warp and 23.3 single yarns per centimeter in the filling. It is constructed using single ply yarns in both the warp and filling. Weighing 142.4 g/m2, this fabric will be imported in 135 centimeter widths. Based on the data developed by the Customs' laboratory, the average yarn number for this fabric has been calculated to be 34 in the metric system.

Your letter suggests that you believe that this item is classifiable in subheading 5209.51.6030, Harmonized Tariff Schedule of the United States (HTS). Classification of this item in this subheading is not possible since this subheading applies only to fabrics weighing more than 200 g/m2. The fabric that you intend to import weighs 142.4 g/m2 and is therefore precluded from classification in subheading 5209.51.6030, HTS.

The applicable subheading for the printed plain woven fabric will be 5208.52.3040, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, printed, plain weave, weighing more than 100 g/m2, other, sheeting. The rate of duty will be 9.2 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

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