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NY 817655


March 4, 1996

CLA-2-52:RR:NC:TP:352 817655

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.49.0040

Mr. Walter Lindley
Handloomed Textiles of Nepal
1000 Rock Creek Road
Williams, Oregon 97544

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

Dear Mr. Lindley:

In your letter dated December 18, 1995 you requested a classification ruling.

The submitted sample, designated as style Tilee Tl4511, is a jacquard woven fabric composed of 100% cotton. It is constructed using yarns of different colors. Laboratory analysis indicates that this fabric contains 25.2 single yarns per centimeter in the warp and 37 single yarns per centimeter in the filling. Weighing 356 g/m2, it will be imported in 109 centimeter widths. Your correspondence indicates that this fabric has been hand-loomed.

Your letter indicates that perhaps some cotton hand-loomed fabrics from Nepal may be afforded duty free status. Unfortunately, at the present time there are no provisions that afford any hand-loomed cotton fabrics from Nepal duty free status. There are however special provisions for "certified hand-loomed fabrics" which carry a lower rate of duty than other cotton fabrics. These provisions are limited to certain plain woven dyed, printed and yarns of different color fabrics which have been certified, in accordance with procedures established by the United States Trade Representative, by an official of a government agency of the country where the product is produced, to be hand-loomed. These "certified hand-loomed fabric" provisions are not subject to visa requirements. However, the fabric you have submitted for a ruling is not plain woven and is therefore precluded from these provisions.

The applicable subheading for the jacquard woven fabric will be 5209.49.0040, 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 more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven, other. The duty rate will be 8.8 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements products of Nepal are subject to visa requirements.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.

Sincerely,

Roger J. Silvestri
Director

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