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NY 871571




February 28, 1992

CLA-2-52:S:N:N3H:352 871571

CATEGORY: CLASSIFICATION

TARIFF NO: 5208.32.3090

Mr. James J. Xie
Cottonwood Trading, Ltd.
1412-1/2 Havenhust Drive
Los Angeles, CA 90046

RE: The tariff classification of 100% cotton woven fabric from China.

Dear Mr. Xie:

In your letter dated February 10, 1992, on behalf of your client Fabric-Centers of America, Inc., you requested a tariff classification ruling.

The submitted sample of flannel fabric is composed of 100% cotton. This merchandise is a plain woven fabric that has been dyed a single uniform color. Laboratory analysis reveals that this product contains 18 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. It is constructed with 20/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. The fabric weighs 145.6 g/m2 and will be imported in 112 centimeter widths. The average yarn number has been calculated to be 22 in the metric system. You indicate that this fabric will be used in manufacturing clothing.

The applicable subheading for the flannel fabric will be 5208.32.3090, 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, dyed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, cheesecloth. The rate of duty will be 9.6 percent ad valorem.

The woven fabric falls within textile category designation 226. Based upon international textile trade agreements, products of China 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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