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NY N009736




April 23, 2007

CLA-2-55:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.13.0090; 5208.11.4090

Mr. Donald Codignotto
M.A.C. Shipping Corp.
184-45 147th Street
Jamaica, NY 11413

RE: The tariff classification of a polyester/cotton blend woven fabric and a 100% cotton woven fabric from India.

Dear Mr. Codignotto:

In your letter dated April 12, 2007, you requested a tariff classification ruling on behalf of your client, Premier Enterprise.

Two samples of woven fabric accompanied your request for a ruling. The first sample designated as style “Poly-Cotton Grey Fabrics” is an unbleached plain woven fabric composed of 65% staple polyester and 35 % cotton fibers. It contains 11.8 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. The fabric is constructed using 24/1 c.c. yarns in both the warp and the filling. Weighing 62 g/m2, this fabric will be imported in 61 centimeter widths.

The second sample designated as style “100% Cotton Grey Fabrics” is an unbleached plain woven fabric composed of 100 % cotton. It contains 11.8 single yarns per centimeter in the warp and 7.9 single yarns per centimeter in the filling. The fabric is constructed using 30/1 c.c. yarns in both the warp and the filling. The average yarn number for this product is 48. Weighing 42 g/m2, this fabric will be imported in 61 centimeter widths.

The applicable subheading for the fabric, Poly-Cotton Grey Fabrics, will be, 5513.13.0090, HTSUS, which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weigh of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, unbleached or bleached, other. The rate of duty will be 14.9 percent.

The applicable subheading for the fabric, 100% Cotton Grey Fabrics, will be 5208.11.4090, HTSUS, which provides for woven fabrics of cotton, weighing not more than 200 g/m2, unbleached, of numbers 43 to 68, cheesecloth The rate of duty will be 9 percent

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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