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NY 885015




May 12, 1993

CLA-2-52:S:N:N6:352 885015

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.33.0000; 5208.32.4020; 5209.32.0020

Mr. Steve Liptak
Inter-Maritime Forwarding Co., Inc.
156 William street
New York, NY 10038

RE: The tariff classification of six samples of woven fabric from Germany.

Dear Mr. Liptak:

In your letter dated April 13, 1993, on behalf of your client Rik Textiles Corp., you requested a tariff classification ruling.

The six submitted samples of woven fabric are identified as style nos. 3032, 3304, 4102, 4104, 4128 and 4131. Style nos. 3032 and 3304, are identical and vary only in the color they have been dyed. These textile products are 2x1 twill woven fabrics that are composed of 100% cotton. They are constructed using 40/1 n.m. yarns in both the warp and filling. The fabrics have been dyed a single uniform color and weigh 175 g/m2. This merchandise contains 45.5 single yarns per centimeter in the warp and 23 single yarns per centimeter in the filling. The average yarn number has been calculated to be 39 in the metric system. They will be imported in widths ranging between 148 and 150 centimeters.

Style no. 4102 is composed of 100% cotton that has been dyed a single uniform color. It is manufactured using 40/1 n.m. yarns in both the warp and filling. This 2x1 twill woven fabric contains 45.5 single yarns per centimeter in the warp and 23 single yarns per centimeter in the filling. The average yarn number has been calculated to be 37 in the metric system. It weighs 185 g/m2 and it will be imported in widths ranging between 148 and 150 centimeters.

Style no. 4104 is a 2x1 twill woven fabric that is composed of 100% cotton. The merchandise weighs 210 g/m2 and it has been dyed a single uniform color. It is constructed using 70/2 n.m. yarns in the warp and 34/1 n.m. yarns in the filling. The fabric contains 47.5 warp ends per centimeter and 23 filling picks per centimeter. The average yarn number has been calculated to be 56 in the metric system. This fabric will be imported in widths ranging between 150 and 152 centimeters.

Style no. 4128 is composed of 100% cotton. This plain woven fabric is constructed using 68/1 n.m. yarns in the warp and 85/1 n.m. yarns in the
filling. It contains 55 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. Weighing 140 g/m2, this textile product has been dyed a single uniform color. It will be imported in widths ranging between 148 and 150 centimeters. The average yarn number has been calculated to be 59 in the metric system.

In reference to style no. 4131, we do not have sufficient information to render a classification at this time. However, if you would like to have a ruling on this textile product, the following information is required in order to determine how this merchandise would be classified:

(A) whether or not the fabric has been coated

(B) if coated; give details identifying the type of plastic

(C) provide weight of the coating in grams per square meter

The applicable subheading for style nos. 3032, 3304 and 4102, will be 5208.33.0000, 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, 3-thread or 4-thread twill, including cross twill. The rate of duty will be 10.3 percent ad valorem.

The applicable subheading for style no. 4104, will be 5209.32.0020, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, dyed, 3-thread or 4-thread twill, including cross twill. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for style no. 4128, will be 5208.32.4020, 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, plain weave, weighing more than 100 g/m2, other, of numbers 43 to 68, poplin or broadcloth. The rate of duty will be 11.4 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

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