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NY 804948




January 4, 1995

CLA-2-52:S:N:N6:352 804948

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.42.3000

Ms. Elizabeth Llata
Expeditors International
601 N. Nash Street
El Segundo, CA 90245

RE: The tariff classification of woven fabric from Korea and Japan.

Dear Ms. Llata:

In your letter dated December 7, 1994, on behalf of your client Harkham Industries DBA, you requested a tariff classification ruling.

You have submitted two samples that are identified as Johnny Plaid and Johnny Stripe. Both fabrics are composed of 100% cotton and are constructed using 21 c.c. yarns in both the warp and filling. These products contain 26.7 single yarns per centimeter in the warp and 21.2 single yarns per centimeter in the filling. The fabrics are plain woven with yarns of different colors. Weighing 130.4 grams per square meter, they will be imported in widths ranging between 144 and 147 centimeters. The average yarn number has been calculated to be 36 in the metric system. These samples are being returned as requested.

The applicable subheading for samples identified as Johnny Plaid and Johnny Stripe will be 5208.42.3000, 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 grams per square meter, of yarns of different colors, plain weave, weighing more than 100 grams per square meter, other, of number 42 or lower number. The rate of duty will be 9.6 percent ad valorem.

Samples identified as Johnny Plaid and Johnny Stripe fall within textile category designation 218. Based upon international textile trade agreements products of Korea are subject to quota restrictions and visa requirements while products of Japan are subject only to visa requirements.

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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