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NY K81408




December 24, 2003
CLA-2-52:RR:NC:TA:352 K81408

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.39.0080

Mr. Michael Brooks
The Square Yard
5150 S. Decatur
Las Vegas NV 89118

RE: The tariff classification of two dyed100% cotton dobby woven fabrics from India.

Dear Mr. Brooks:

In your letter dated December 1, 2003 you requested a classification ruling.

Two samples of dobby woven fabric accompanied your request for a ruling. The first, designated as style “Bark Cloth Dyed” Color Cream, is a dyed dobby woven fabric composed of 100% cotton. It is characterized by a complex weave featuring a mottled textured surface created by the random distribution of warp floats. This product contains 33 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. It is constructed using 16/1 c.c. yarns in the warp and 8/1 c.c. yarns in the filling. Weighing 205 g/m2, this item will be imported in 140 centimeter widths.

Style “Dobby Duck Dyed” Color red is a dyed dobby woven fabric composed of 100% cotton. It is characterized by a complex weave which forms a series of geometric shapes on the fabric’s surface. This product contains 33 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. It is constructed using 16/1 c.c. yarns in the warp and 8/1 c.c. yarns in the filling. Weighing 205 g/m2, this item will be imported in 140 centimeter widths.

The applicable subheading for both the dobby woven fabrics 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 centimeters. The duty rate will be 8.4 percent ad valorem in both 2003 and 2004.

Both these fabrics fall within textile category designation 220. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, 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 and should also be verified at the time of shipment.

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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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