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NY 804720




December 28, 1994

CLA-2-52:S:N:N6:352 804720

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.21.4040

Ms. Mary Jo Muoio
Barthco International, Inc.
90 West Street
New York, New York 10006

RE: The tariff classification of bleached plain woven fabric from Pakistan.

Dear Ms. Muoio:

In your letter dated November 22, 1994, on behalf of your client Samartex Imports Inc., you requested a classification ruling.

Laboratory analysis indicates that the submitted sample is a bleached plain woven fabric composed of 77.8% cotton and 22.2% staple polyester. It contains 28 single yarns per centimeter in the warp and 21.5 single yarns per centimeter in the filling. This product weighs 120.1 g/m2. Based on the data developed by the Customs' laboratory, the average yarn number for this fabric has been calculated to be 41 in the metric system.

The applicable subheading for the bleached plain woven fabric will be 5210.21.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, bleached, plain weave, of number 42 or lower number, sheeting. The duty rate will be 9.6 percent ad valorem.

This fabric falls within textile category designation 313. Based upon international textile trade agreements products of Pakistan are subject to quota and 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
New York Seaport

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