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NY 857750


NOV 19 1990

CLA-2-52:S:N:N3H:352 857750

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.52.4060

Mr. James F. Carroll
J. M. Rodgers Co., Inc.
90 West Street, Room 1510
New York, NY 10006-1039

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

Dear Mr. Carroll:

In your letter dated November 2, 1990, on behalf of Threadtex, Inc., you requested a classification ruling.

You submitted a sample of 100% cotton fabric that is printed and plain woven. Information provided states that the yarns are combed. However, our laboratory examination of the product indicates that these yarns are carded and not combed. Therefore, the fabric is constructed using single carded yarns in both the warp and filling. The merchandise contains 39.4 single yarns per centimeter in the warp and 33.1 single yarns per centimeter in the filling. It weighs 113 g/m2 and will be imported in 112 centimeter widths. The average yarn number is calculated to be 64 in the metric system.

The applicable subheading for the woven printed fabric will be 5208.52.4060, 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 number 43 to 68, printcloth. The duty rate will be 11.4 percent ad valorem.

This fabric falls within textile category designation 315. Based upon international textile trade agreements, products of India are subject to quota restrictions 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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