CLA-2-50:RR:NC:TA:352 K81779

Mr. Nick Banfal
Angus International, Inc.
55 West 39th Street, 11th Floor
New York, NY 10018

RE: The tariff classification of 100% silk plain woven fabric cut to rectangular shape from India.

Dear Mr. Banfal:

In your letter dated January 13, 2004 you requested a tariff classification ruling.

Eight samples of woven fabric accompanied your request for a ruling. Each of the samples is identical in weight, construction and fiber content and vary only in color. Three of the samples are dyed a single uniform color while five are constructed using yarns of different colors. Each of the fabrics is plain woven and composed of 100% silk. The fabrics have been cut to rectangular shape and measure 22 inches long by 18 inches wide. Weighing approximately 73.6 g/m2, these products will be imported in groups of seven or eight pieces. These products will be marketed directly to the consumer for use in sewing patchwork products.

The applicable subheading for the cut rectangles of 100% silk woven fabric will be 5007.20.0085, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of silk or of silk waste, other fabrics, containing 85 percent or more by weight of silk or of silk waste other than noil silk, other, other, not jacquard woven, other. The rate of duty will be free.

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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division