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NY 872338


March 27, 1992

CLA-2-52:S:N:N3H:352 872338

CATEGORY: CLASSIFICATION

TARIFF NO: 5209.19.0090; 5208.12.4090

Mr. Charles E. Montgomery, Jr.
Fritz Companies, Inc.
P.O. Box 11004
Charleston, SC 29411-1004

RE: The tariff classification of two samples of cotton woven fabric from China.

Dear Mr. Montgomery:

In your letter dated March 9, 1992, on behalf of your client Taritex, Inc., you requested a tariff classification ruling.

You have submitted two samples of woven fabric. The first sample, identified as momie cloth style 8339, is composed of 100% cotton. The merchandise is unbleached and woven with a crepe weave. It is constructed using 14/1 c.c. carded yarns in both the warp and filling. This fabric contains 23.6 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. It weighs 212 g/m2 and will be imported in various widths ranging between 114 to 147 centimeters. The average yarn number has been calculated to be 21 in the metric system.

The second sample, identified as soft filled sheeting style 8197, is composed of 100% unbleached cotton. It is constructed using 24/1 c.c. carded yarns in the warp and 13/1 c.c. carded yarns in the filling. The fabric contains 15.7 single yarns per centimeter in the warp and 16.5 single yarns per centimeter in the filling. This merchandise is plain woven and weighs 126.47 g/m2. The average yarn number has been calculated to be 25 in the metric system. It will be imported in 128 centimeter widths.

The applicable subheading for the momie cloth will be 5209.19.0090, 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, unbleached, other fabrics, other. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the cheesecloth will be 5208.12.4090, 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 momie cloth style 8339 falls within textile category designation 220 and the cheesecloth style 8197 falls within textile category 226. Based upon international textile trade agreements, both products of China 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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