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NY 876036


August 6, 1992

CLA-2-52:S:N:N3H:352 876036

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.29.4090

Mr. J. M. Peter
Thomaston Mills Inc.
P.O. Box 311
Thomaston, Georgia 30286

RE: The tariff classification of 100% cotton bleached woven diaper fabric from Pakistan.

Dear Mr. Peters:

In your letter dated July 7, 1992 you requested a classification ruling.

The submitted sample is a 100% cotton bleached woven fabric. The fabric, which is designed for use in the manufacture of diapers, is produced on a Sulzer loom equipped with two warp beams. The weave is characterized by sections of double faced fabric in which half the warp yarns and half the filling picks are interlaced on one face while the remainder of the warp ends and filling picks are interlaced on the other face. Every 21 inches the weave changes to include interlacing of all the warp ends and filling picks to create a band of single faced fabric 4 inches wide. Based on laboratory analysis, this product contains 29.1 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. The fabric is constructed using 32/1 c.c. yarns in the warp and 24/1 c.c. yarns in the filling. Weighing 116.4 g/m2, it will be imported in 102 centimeter widths. Based on the data developed by the Customs' laboratory, the average yarn number for this fabric has been calculated to be 37 in the metric system.

The applicable subheading for the woven diaper fabric will be 5208.29.4090, 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, bleached, other fabrics, other, of number 42 or lower number, other. The duty rate will be 8.4 percent ad valorem.

The woven diaper fabric falls within textile category designation 220. Based upon international textile trade agreements, products of Pakistan are subject to 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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