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NY 885706




June 1, 1993

CLA-2-52:S:N:N6:352 885706

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.29.4090

Mr. Ted R. Booth
The All Together Diaper Co.
650 East Wilmington Ave.
Salt Lake City, UT 84106

RE: The tariff classification of 100% cotton birds-eye woven diaper fabric from China.

Dear Mr. Booth:

In your letter dated April 29, 1993 you requested a classification ruling.

The submitted sample is a bleached birds-eye woven fabric composed of 100% cotton. Laboratory analysis indicates that it contains 26 single yarns per centimeter in the warp and 19 single yarns per centimeter in the filling. Weighing 115.9 g/m2, this fabric will be imported in 76 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 38 in the metric system.

The applicable subheading for the birds-eye woven 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.

This woven fabric falls within textile category designation 220. Based upon international textile trade agreements, products of China are subject to both 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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