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NY 850238


Mar 23 1990

CLA-2-52:S:N:N3H:352 850238

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.51.6030

Ms. Donna L. Shira
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, N.Y. 10004

RE: The tariff classification of woven, printed cotton fabric from Hong Kong.

Dear Ms. Shira:

In your letter dated March 6, 1990, on behalf of your client H. Cotler Co. Inc., you requested a classification ruling.

The submitted sample, identified as range no.974, is a plain woven, printed fabric composed of 100% cotton. Although you stated in your letter than the fabric is constructed using 21/2 c.c. yarns in the warp and 10/1 c.c. yarns in the filling, examination of the sample indicates that the warp yarns are single ply. The fabric contains 28.3 single threads per centimeter in the warp and 15.7 single threads per centimeter in the filling. The average yarn number of the fabric is calculated to be 15 in the metric system. Weighing 287 g/m2, the fabric will be imported in 112/114 centimeter widths.

The applicable subheading for the range no.974 fabric will be 5209.51.6030, 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, printed, plain weave, other, sheeting, not napped. The duty rate will be 8.9% ad valorem.

The range no.974 fabric falls within textile category designation 313. Based upon international textile trade agreements, products of Hong Kong are subject to an export license requirement.

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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