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January 20, 1999

CLA-2-52:RR:NC:TA:352 D82868

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.49.8090

Ms. Laura Denny
CBT International, Inc.
110 West Ocean Blvd, Suite 728
Long Beach, California 90802

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

Dear Ms. Denny:

In your letter dated September 23, 1998, on behalf of your client Avid Sportswear, you requested a tariff classification ruling.

The submitted sample, designated as style #91612 (SanRemo art 7731), is a dobby woven fabric composed of 100% cotton. Laboratory analysis indicates that this product contains 55.9 single yarns per centimeter in the warp and 37.4 single yarns per centimeter in the filling. It is constructed using 50/1 c.c. yarns in both the warp and filling and is manufactured using yarns of different colors. This fabric is characterized by a complex woven design and features a plaid look created by the intersection of the various colored yarns used in its manufacture. Weighing 127.4 g/m2, this item will be imported in 150 centimeter widths. Based on the data developed by the Laboratory, the average yarn number for this fabric has been calculated to be 73 in the metric system.

The applicable subheading for the dobby woven fabric will be 5208.49.8090, 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, of yarns of different colors, other fabrics, other, of number 69 or higher number, other. The rate of duty will be 14.7 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 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,

Robert B. Swierupski
Director,

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