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NY 866792


SEPT 24 1991

CLA-2-52:S:N:N3H:352 866792

CATEGORY: CLASSIFICATION

TARIFF NO: 5208.12.4090

Mr. Mark V. Mullins
Textile Industrial Services
1 Woodlawn Green, Suite 156
Charlotte, NC 28217

RE: The tariff classification of a plain woven cotton fabric from Peru.

Dear Mr. Mullins:

In your letter dated August 30, 1991, you requested a tariff classification ruling.

You have submitted a sample of fabric, identified as No. 003, that is unbleached and is plain woven. Laboratory analysis reveals that this merchandise weighs 128.35 g/m2. Information provided indicates that this product is composed of 100% cotton. It is constructed using 10/1 c.c. yarns in the warp and 6/1 c.c. yarns in the filling. The fabric contains 11.4 single yarns per centimeter in the warp and 7.9 single yarns per centimeter in the filling. It will be imported in widths ranging between 91.44 and 208.88 centimeters. The average yarn number is calculated to be 15 in the metric system.

The applicable subheading for the woven fabric will be 5208.12.4090, 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, unbleached, plain weave, weighing more than 100 g/m2, of number 42 or lower number, cheesecloth. The rate of duty will be 7 percent ad valorem.

The woven fabric falls within textile category designation 226. Based upon international textile trade agreements, products of Peru are subject to visa requirements and quota restraints.

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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