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NY 881080




December 31, 1992

CLA-2-52:S:N:N6:352 881080

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.21.6020; 5208.49.8090; 5208.41.8000; 5208.42.5000

Mr. Robert C. Miller
John V. Carr & Son, Inc.
1 Poston Road, Suite 110
Charleston, SC 29407

RE: The tariff classification of four samples of cotton woven fabric from Japan, Taiwan & India.

Dear Mr. Miller:

In your letter dated December 4, 1992, on behalf of your client Ezrasons, Inc., you requested a tariff classification ruling.

You have submitted four samples of woven fabric. Sample no. 1, identified as style "Sophia", is a plain woven fabric composed of 100% cotton. It is constructed using 50/1 c.c. combed yarns in both the warp and the filling. The fabric contains 56 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. This merchandise weighs 100 g/m2 and will be imported in widths ranging between 112 and 114 centimeters. The average yarn number has been calculated to be 88 in the metric system.

Sample no. 2, identified as style "PPT Fancy", is composed of 100% cotton. The merchandise is woven as a plain weave, except that two warp yarns (taped warp) are woven as one. This oxford cloth is woven with yarns of different colors and it is constructed using 80/2 c.c. yarns in the warp and 40/1 c.c. yarns in the filling. The fabric contains 63 warp ends per centimeter and 24.4 filling picks per centimeter. It weighs 126 g/m2 and will be imported in widths ranging between 112 and 114 centimeters. The average yarn number has been calculated to be 119 in the metric system.

Sample no. 3, identified as style 60S, is composed of 100% cotton. This product is constructed using 60/1 c.c. yarns in both the warp and the filling. This fabric is plain woven with yarns of different colors. It contains 49.6 single yarns per centimeter in the warp and 40.9 single yarns per centimeter in the filling. The fabric weighs 88 g/m2 and will be imported in widths ranging between 112 and 114 centimeter widths. The average yarn number has been calculated to be 102 in the metric system.

Sample no. 4, identified as style 50S, is composed of 100% cotton. This textile product is constructed using 50/1 c.c. yarns in both the warp and the filing. The fabric is plain woven with yarns of different colors. It contains 56.6 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. This merchandise weighs 104 g/m2 and the average yarn number has been calculated to be 83 in the metric system. The merchandise will be imported in widths ranging between 112 and 114 centimeters.

The applicable subheading for sample no. 1, style "Sophia" will be 5208.21.6020, 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, plain weave, weighing not more than 100 g/m2, of number 69 or higher number, poplin or broadcloth. The rate of duty will be 13.5 percent ad valorem.

The applicable subheading for sample no. 2, style "PPT Fancy", will be 5208.49.8090, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, of yarns of different colors, other fabrics, other, of number 69 or higher number, other. The rate of duty will be 14.7 percent ad valorem.

The applicable subheading for sample no. 3, style 60S will be 5208.41.8000, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2 of yarns of different colors, plain weave, weighing not more than 100 g/m2, other, of number 69 or higher number. The rate of duty will be 14.7 percent ad valorem.

The applicable subheading for sample no. 4, style 50S will be 5208.42.5000, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, of yarns of different colors, plain weave, weighing more than 100 g/m2, other, of number 69 or higher number. The rate of duty will be 14.7 percent ad valorem.

Sample no. 1, style "Sophia", falls within textile category designation 314. Based upon international textile trade agreements, products of Japan are subject to visa requirements only, while products of Taiwan and India are subject to both quota restrictions and visa requirements.

Sample nos. 2, 3 & 4 fall within textile category designation 218. Based upon international textile trade agreements, products of Japan are subject to visa requirements only, while products of Taiwan and India are subject to both quota restrictions 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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