CLA-2-52:S:N:N6:352 885191

Mr. Steve Liptak
Inter-Maritime Forwarding Co. Inc.
156 William Street
New York, NY 10038

RE: The tariff classification of woven fabrics from Germany.

Dear Mr. Liptak:

In your letter dated April 19, 1993, on behalf of your client Rik Textile Corp, you requested a tariff classification ruling. Two samples of woven fabric accompanied your request for a ruling. The first, identified as style 4109, is composed of 100% cotton and is characterized by a complex twill weave. The fabric has been dyed a single uniform color. It contains 86 single yarns per centimeter in the warp and 26.5 single yarns per centimeter in the filling. This product is constructed using a combination of 68/1 n.m. and 50/1 n.m. yarns in the warp and 40/1 n.m. yarns in the filling. Weighing 200 g/m2, the fabric will be imported in 148/150 centimeter widths.

The second sample, identified as style 4122, is a dyed, plain woven fabric composed of 50% linen and 50% cotton. It contains 26 single yarns per centimeter in the warp and 19 single yarns per centimeter in the filling. The material is constructed using 28/1 n.m. yarns in the warp and 24/1 n.m. yarns in the filling. Weighing 170 g/m2, this fabric will be imported in 148/150 centimeter widths.

The applicable subheading for the fabric identified as style 4109 will be 5208.39.2090, 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 not more than 200 g/m2, dyed, other fabrics, satin weave or twill weave, other. The rate of duty will be 10.3 percent ad valorem.

The applicable subheading for the fabric identified as style 4122 will be 5309.29.4010, HTS, which provides for woven fabrics of flax, containing less than 85 percent by weight of flax, other, other, other, of a width exceeding 127 centimeters. The rate of duty will be 3 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