CLA-2-52:S:N:N3H:352 879064

Ms. Jeanne K. Derbyshire
Vescom (U.S.A.) Inc.
220 South Orange Avenue
Livingston, New Jersey 07039

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

Dear Ms. Derbyshire:

In your letter dated September 24, 1992 you requested a tariff classification ruling.

Fifteen samples of woven fabric designated as style "Fandango" were submitted. The fabrics are identical in construction and vary only in color with the various color schemes designated as style numbers 1201 to 1215 inclusive. Laboratory analysis indicates that these fabrics are composed of 100% cotton. They contain 23 warp ends per centimeter and 26 filling picks per centimeter. Constructed with 2 ply yarns in both the warp and filling, the fabrics will be imported in 150 centimeter widths. All the fabrics weigh approximately 237.3 g/m2 and have been woven with a complex weave characterized by woven stripes which pucker the fabric creating the illusion of fabric layers. Style "Fandango" number 1208 has been bleached, style "Fandango" numbers 1212, 1213, 1214 and 1215 are constructed using yarns of different colors while the balance of the fabrics have been dyed a single uniform color.

The applicable subheading for the bleached woven fabric designated as style "Fandango" number 1208 will be 5209.29.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, bleached, other fabrics, other. The rate of duty will be 7.7 percent ad valorem.

The applicable subheading for the woven fabrics designated as style "Fandango" numbers 1212, 1213, 1214 and 1215 will be 5209.49.0090, HTS, which provides for woven fabric of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, of yarns of different colors, other fabrics, other. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for the balance of the woven fabrics designated as style "Fandango" numbers 1201 to 1207 and 1209 to 1211 will be 5209.39.0080, HTS, which provides for woven fabric 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 rate of duty will be 8.9 percent ad valorem.

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
New York Seaport