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NY 803843




November 9, 1994
CLA-2-58:S:N:N6:351 803843

CATEGORY: CLASSIFICATION

TARIFF NO.: 5802.19.0000

Mr. Khalid Rashied
Rashied International, Inc.
P.O. Box 661
Norcross, GA 30091

RE: The tariff classification of cotton woven terry fabric from Pakistan or the United Arab Emirates.

Dear Mr. Rashied:

In your letter dated October 27, 1994, you requested a classification ruling.

In your letter, you seek classification on four textile items and you have submitted three samples, item nos. 1, 2 and 3. Item nos. 1 and 2 are both 100% cotton bleached white woven terry toweling fabrics imported from either Pakistan or the United Arab Emirates. They have pile loops on both the face and back sides, except for certain strip portions, as follows: Both samples have strips without terry pile loops woven into the fabrics (on both sides) in both the lengthwise and widthwise directions to facilitate cutting and stitching into towels after importation, but these strip portions are not missing any warp or weft threads. The terry toweling material, item nos. 1 and 2, will be imported in the piece in widths measuring between 36 and 72 inches.

Item no. 3 is a 100% cotton bleached white woven flannel cloth put up for retail sale in a poly bag. A sample of the Pakistani- made wiping cloth has been submitted. The flannel cloth has been cut into a piece measuring 21 by 32 inches. In point no. 4, you request a ruling on how U.S. Customs will treat 100% cotton bleached white terry fabric exported from either Pakistan or the United Arab Emirates to Mexico, where it is then cut into 9 to 12 inch diameter pieces to manufacture automotive polishing bonnets for entry into the United States.

The applicable subheading for the woven terry fabrics, identified as item nos. 1 and 2, will be 5802.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for terry toweling and similar woven terry fabrics, other than narrow
fabrics of heading 5806; ...; terry toweling and similar woven terry fabrics, of cotton; other. The duty rate will be 11.1 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on item no. 3 and point no. 4. For item no. 3, your request should include answers to the questions on the enclosed "Information Requirements for the Classification of Woven Cotton Fabrics." For point no. 4, your request should include a sample, information about the source of the article's fibers, yarns and fabric, and information about the manufacturing process in Mexico. Please state whether you are requesting a NAFTA ruling for point no. 4.

Item nos. 1 and 2 fall within textile category designation 224. Based upon international textile trade agreements, products of Pakistan and the United Arab Emirates are subject to the requirement of a visa.

The designated textile and apparel categories 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
Attachment New York Seaport

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