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NY 854745


AUG 03 1990

CLA-2-52:S:N:N3H:352 854745

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.52.4020

Mr. Mike Meacham
Serendipity Designs
11301 International Drive
Richmond, Va. 23236

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

Dear Mr. Meacham:

In your letter dated July 18, 1990, you requested a classification ruling.

The sample submitted is a woven printed fabric composed of 100% cotton. This product is woven as a plain weave. Our examination of the fabric indicates that it contains 51.18 single yarns per centimeter in the warp and 34.65 single yarns per centimeter in the filling. The fabric weighs 135.96 g/m2. Based on the data developed, the average yarn number is calculated to be 63 in the metric system. It will be imported in 121 centimeter widths.

Your correspondence suggests that you believe that textile category 315 may apply to this merchandise. This textile category correlates with cotton fabric with a construction consistent with "printcloth" as that term is defined in the Notes to Chapter 52. This is not correct. Statistical Note 1(d) of Chapter 52 defines "printcloth" as a plain weave fabric, weighing not more than 200 g/m2, of average numbers 43-68, containing more than 33 singles yarns per square centimeter and not containing multiple or cabled yarns, of square construction, not combed, whether or not napped. Since the total count of warp ends per centimeter and the total count of filling picks per centimeter are not each less than 57 percent of the total count per square centimeter of such warp ends and filling picks, this fabric is not of square construction. In view of the fact that this fabric is not of square construction, it cannot be classified as printcloth. The construction of this fabric is consistent with the definition of poplin or broadcloth.

The applicable subheading for the woven printed fabric will be 5208.52.4020, 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, printed, plain weave, weighing more than 100 g/m2, other, of numbers 43 to 68, poplin or broadcloth. The duty rate will be 11.4 percent ad valorem.

The woven fabric falls within textile category designation 314. Based upon international textile trade agreements, products of India are subject to quota restraints and visa requirements.

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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