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NY 858989


JAN 08 1991

CLA-2-52:S:N:N3H:352 858989

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.51.2000; 5208.51.6060

Ms. Heidi M. Longley
Fabri-Centers of America, Inc.
5555 Darrow Road
Hudson, OH 44236

RE: The tariff classification of cotton woven fabrics from India.

Dear Ms. Longley:

In your letter dated December 14, 1990, you requested a classification ruling.

You submitted five samples of 100% cotton fabric that are plain woven. Based on the information provided, three of these samples are hand-loomed fabrics and two are made on power looms. Although you have not stated it, we assume the yarns of these fabrics are carded.

Sample no. 1, style #MBT 1078D, is identified as "Dusty Palm". Sample no. 2, style #MBT 1078C, is identified as "Aqua Palm". Sample no. 3, style #BT 1000, is identified as "Jade Geometric". All of these hand-loomed fabrics were constructed using 40/1 c.c. yarns in both the warp and the filling. This merchandise is plain woven and contains 28 single yarns per centimeter in the warp and 26 single yarns per centimeter in the filling. These fabrics are yarn dyed madras plaid that have been overprinted with a complex design. Each product weighs 92.5 g/m2, and the average yarn number is calculated to be 58 in the metric system. The fabrics will be imported in 111 centimeter widths.

Sample no. 4, style #PBT 114, is identified as "Crackle Stripe". Sample no. 5, style #PBT 101, is identified as "Navy Splatter". These power loom fabrics were constructed using 40/1 c.c. yarns in both the warp and in the filling. This merchandise is plain woven and contains 28 single yarns per centimeter in the warp and 26 single yarns per centimeter in the filling. These fabrics are handpainted with dyes and then overprinted. Both products weigh 92.5 g/m2, and the average yarn number is calculated to be 58 in the metric system. The fabrics will be imported in 111 centimeter widths.

The applicable subheading for the woven fabrics identified as sample nos. 1, 2 & 3 will be 5208.51.2000, 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 not more than 100 g/m2, certified hand-loomed fabrics. The duty rate will be 6 percent ad valorem. This classification is predicated on this merchandise having been woven on a hand- loom by a cottage industry and prior to exportation having been certified by an official of a government agency of the country where the products were produced to have been so made. These goods would qualify as "certified hand-loomed fabrics".

The applicable subheading for the woven fabrics identified as sample nos. 4 & 5 will be 5208.51.6060, 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 not more than 100 g/m2, other, of number 43 to 68, printcloth. The duty rate will be 11.4 percent ad valorem.

Your letter indicated there were six samples. However, for the fabric identified as " Multi Fish", there was no sample or information provided to support classification of this merchandise.

Sample nos. 4 & 5 fall within textile category designation 315. 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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