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NY A83941




June 19,1996
CLA-2-52:NEW:TCB I: H13 A83941

CATEGORY: CLASSIFICATION

TARIFF NO : 5209.39.0080; 5208.39.6090

Ms. Elaine Lauri
Picchi Mills, Ltd.
80 West 40th Street
New York, N.Y. 10018

RE: The tariff classification of 100 percent woven cotton fabric from Italy.

Dear Ms. Lauri:

In your letter dated May 17, 1996, you requested a tariff classification ruling.

You have submitted three samples of woven fabric. The first sample is identified as number 72623. It is composed of 100 percent cotton by weight and is dyed a uniform color. It contains 20 single spun yarns in the warp per square centimeter and 27 single spun yarns in the filling per square centimeter. The fabric weighs 215 grams per square meter, is of a complex weave and will be imported in continuous length with a width of 150 centimeters.

The second sample is identified as number 72622. It is composed of 100 percent cotton by weight, is of a complex weave and is dyed a uniform color. It contains 17 single spun yarns in the warp per square centimeter and 16 spun yarns in the filling. The fabric weighs 250 grams per square meter and will be imported in continuous length with a width of 150 centimeters.

The third sample is identified as number 78416. It is composed of 100 percent cotton by weight, is of a complex weave and is dyed a uniform color. It contains 28 single spun yarns in the warp and 26.5 single spun yarns in the filling. The fabric weighs 115 grams per square meter, combed and will be imported in continuous length with a width of 140 centimeters. Based on the information provided, the average yarn number has been calculated to be 47 in the metric system.

The applicable subheading for item numbers 72622 and 72623 will be 5209.39.0080, 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, dyed, other fabrics, other, of a width exceeding 127 cm. The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for item number 78416 will be 5208.39.6090, 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, dyed, other fabrics, other, of numbers 43 to 68. The rate of duty will be 11.1 percent ad valorem.

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 control number indicated above should be provided with 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,

Kathleen M. Haage
Area Director
New York/Newark Area

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