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NY 893084




January 14, 1994

CLA-2-52:S:N:N6:352 893084

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.12.4040; 5208.12.6060; 5208.52.3040; 5208.52.4060

Mr. John P. Donohue
Donohue and Donohue
232 South Fourth Street
Philadelphia, PA 19106

RE: The tariff classification of four 100% cotton plain woven fabrics from China.

Dear Mr. Donohue:

In your letter dated December 9, 1993, on behalf of your client Cranston Print Works Co., you requested a classification ruling.

Four samples of woven fabric accompanied your request for a ruling. The first is labeled as exhibit 1 and designated as style G-508. This plain woven 100% cotton fabric is unbleached. According to laboratory analysis, it contains 27.1 single yarns per centimeter in warp and 26.4 single yarns per centimeter in the filling. Weighing 111.3 g/m2, this item will be imported in 120 centimeter widths. Based on data developed by the laboratory, the average yarn number for this fabric has been calculated to be 48 in the metric system.

Exhibit 2, designated as style 508 Printed, is a 100% cotton plain woven printed fabric. Laboratory analysis indicates that it contains 30.3 single yarns per centimeter in the warp and 24.8 single yarns per centimeter in the filling. Weighing 108.5 g/m2, this product will be imported in 110 centimeter widths. Based on the information developed by the laboratory, the average yarn number for this fabric has been calculated to be 50 in the metric system.

Exhibit 3, designated as style G-447, is a 100% cotton greige plain woven fabric. Laboratory analysis reveals that it contains 24.4 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. This fabric weighs 146.4 g/m2 and will be imported in 125 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 32 in the metric system.

Exhibit 4, designated as style 447 Printed, is a 100% cotton plain woven fabric which has been printed. Laboratory analysis indicates that it contains 25.2 single yarns per centimeter in the warp and 22.8 single yarns per centimeter in the filling. Weighing 132.6 g/m2, this fabric will be imported in 115 centimeter widths. Based on the developed data, the average yarn number for this fabric has been calculated to be 37 in the metric system.

The applicable subheading for the fabric designated as style G-508 will be 5208.12.6060, 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, unbleached, plain weave, weighing more than 100 g/m2, of numbers 43 to 68, printcloth. The duty rate will be 9 percent ad valorem.

The applicable subheading for the fabric designated as style 508 Printed will be 5208.52.4060, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, printed, plain weave, weighing more than 100 g/m2, of numbers 43 to 68, printcloth. The duty rate will be 11.4 percent ad valorem.

The applicable subheading for the fabric designated as style G-447 will be 5208.12.4040, 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, sheeting. The duty rate will be 7 percent ad valorem.

The applicable subheading for the fabric designated as style 447 Printed will be 5208.52.3040, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, printed, plain weave, weighing more than 100 g/m2, of number 42 or lower number, sheeting. The duty rate will be 9.6 percent ad valorem.

The plain woven fabric designated as styles G-508 and 508 Printed fall within textile category designation 315. Based upon international textile trade agreements, products of China are subject to both visa requirements and quota restraints.

The plain woven fabric designated as styles G-447 and 447 Printed fall within textile category designation 313. 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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