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NY A82833





July 8, 1996

CLA-2-52:RR:NC:TP:352 A82833

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.41.6020

Mr. Joseph L. Giumentaro
Ameri-Can Customshouse Brokers, Inc.
15 Lawrence Bell Drive
Amherst, New York 14221

RE: The tariff classification of 100% cotton plain woven fabric from Turkey.

Dear Mr. Giumentaro:

In your letter dated April 16, 1996,on behalf of your client Joanne Fabrics, Inc., you requested a tariff classification ruling.

Your inquiry lists 5 fabric styles which you intend to import, however you have submitted a sample of only three of these styles. Unfortunately we are unable to rule on the fabrics for which no samples have been submitted. Therefore, we will limit our response to the sample fabrics which are available at this time. If in the future you obtain samples of the other fabrics, we will be happy to issue a ruling on those products.

The submitted samples, designated as styles Adair, Campbell and Connor, are woven fabrics composed of 100% cotton. Style Adair is a plaid plain woven fabric containing 17.7 single yarns per centimeter in the warp and 18.5 single yarns per centimeter in the filling. It is constructed using yarns of different colors. Weighing 225.8 g/m2, this product will be imported in 137 centimeter widths.

Style Conner is a plaid plain woven fabric composed wholly of cotton and is constructed with 19.5 single yarns per centimeter in the warp and 18.2 single yarns per centimeter in the filling. It is manufactured using yarns of different colors. Weighing 253.9 g/m2, this fabric will be imported in 137 centimeter widths.

Style Campbell is a plain woven fabric composed of 100% cotton. It contains 19.8 single yarns per centimeter in the warp and 19.0 single yarns per centimeter in the filling. This item has been woven using yarns of different colors to create a plaid design. This fabric weighs 257.95 g/m2 and will be imported in 137 centimeter widths.

The applicable subheading for the three plain woven plaid fabrics will be 5209.41.6020, 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, plain weave, other, not napped. The rate of duty will be 8.6 percent ad valorem.

These fabrics are not currently subject to either visa requirements or quota restraints if they are products of Turkey.

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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