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NY F83179





March 6, 2000

CLA-2-52:RR:NC:TA:352 F83179

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.41.3000; 5209.41.6020

Mr. Angel J. Pipitone
John F. Kilroy Co., Inc.
Building 80, Suite 227
JFK International Airport
Jamaica, NY 11430-1718

RE: The tariff classification of 100% cotton plain woven fabric from India

Dear Mr. Pipitone:

In your letter dated February 18, 2000, on behalf of your client Kravet, you requested a classification ruling. The sample is being returned as requested.

The submitted sample, designated as style “African Weave-Multi C”, is a 100% cotton plain woven fabric constructed with yarns of different colors. It contains 10 warp ends per centimeter and 4.3 filling picks per centimeter. This product is constructed using 6/2 c.c. yarns in the warp and 1.5/1 c.c. yarns in the filling. Weighing 580 g/m2, this fabric will be imported in 137 centimeter widths. Your correspondence indicates that this product has been hand-loomed.

If this product is determined to be hand-loomed and if it is certified in accordance with procedures established by the United States Trade Representative, by an official of a government agency of the country where the product is produced, to have been hand-loomed, then the applicable subheading for the woven fabric will be 5209.41.3000, 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, of yarns of different colors, plain weave, certified hand-loomed fabrics. The duty rate will be 4.2 percent ad valorem.

The applicable subheading for the woven fabric if not hand-loomed or if not properly certified will be 5209.41.6020, 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, of yarns of different colors, plain weave, other, not napped. The duty rate will be 8.1 percent ad valorem.

If the fabric is determined not to qualify as a certified hand-loomed fabric, then the fabric falls within textile category designation 218. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. If the fabric qualifies as a certified hand-loomed fabric, no visa requirements or quota restraints apply.

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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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