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NY 896671




April 28,1994

CLA-2-50:S:N:N6:352 896671

CATEGORY: CLASSIFICATION

TARIFF NO.: 5007.10.6090; 5208.41.8000

Mr. Peter Weinrauch
Import commodity Group, Ltd.
156-15 146th Street
Jamaica, NY 11434

RE: The tariff classification of woven fabric from India.

Dear Mr. Weinrauch:

In your letter dated April 6, 1994, on behalf of your client Nipkow & Kobelt, Inc., you requested a tariff classification ruling. Since both samples were consumed in the laboratory analysis, we are unable to return the samples as requested.

You have submitted two samples of woven fabric identified as pattern #BGP-1164 and pattern #LRX-644. You indicate that sample no. 1, pattern #BGP-1164, is composed of 87% silk and 13% lurex. However, laboratory analysis reveals that it is composed of 45.3% silk noil, 25.3% other silk, 23.6% cotton, 5.8% metallic with small amounts of rayon and polyester. This fabric is woven with a complex weave and weighs 227.2 g/m2.

Sample no.2, identified as pattern #LRX-644, according to the information provided in your letter of inquiry is composed of 87% silk and 13% lurex. Laboratory analysis of this fabric reveals that it is composed of 90.2% cotton and 9.8% metallic. It is plain woven with yarns of different colors and weighs 85.11 g/m2. This merchandise contains 45.7 single yarns per centimeter in the warp and 25.2 single yarns per centimeter in the filling. The average yarn number has been calculated to be 83 in the metric system.

The applicable subheading for sample no. 1, identified as pattern #BGP-1164, will be 5007.10.6090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of silk or of silk waste, fabrics of noil silk, other, other. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for sample no. 2, identified as pattern #LRX-644, will be 5208.41.8000, 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, plain weave, weighing not more than 100 g/m2, of number 69 or higher number. The rate of duty will be 14.7 percent ad valorem.

Sample no. 2, identified as pattern #LRX-644 falls within textile category designation 218. Based upon international textile trade agreements, products of India are subject to visa requirements and quota restrictions. Sample no. 1, identified as pattern #BGP-1164 is not currently subject to quota or visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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