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NY 810126





May 17, 1995

CLA-2-52:S:N:N6:352 810126

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.22.4040; 5208.52.3040

Ms. Rita E. Epperson
Venus Textiles, Inc.
P. O. Box 1700
Huntington Beach, CA 92647-1700

RE: The tariff classification of woven fabric from Egypt.

Dear Ms. Epperson:

In your letter dated April 26, 1995 you requested a classification ruling.

You have submitted two samples of woven fabric that are identified as bleached flannel and printed flannel. These fabrics are identical in construction and vary only in that one fabric has been printed with stripes. Both fabrics are composed of 100% cotton. They are manufactured using 16/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. These plain woven fabrics contain 19.6 single yarns per centimeter in the warp and 15.7 single yarns per centimeter in the filling. Weighing 152 grams per square meter, they will be imported in 89 centimeter widths. The average yarn number has been calculated to be 23 in the metric system.

The applicable subheading for the bleached flannel will be 5208.22.4040, 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, bleached, plain weave, weighing more than 100 grams per square meter, of number 42 or lower number, sheeting. The duty rate will be 8.4 percent ad valorem.

The applicable subheading for the printed flannel 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 grams per square meter, printed, plain weave, weighing more than 100 grams per square meter, of number 42 or lower number, sheeting. The duty rate will be 9.2 percent ad valorem.

Both fabrics fall within textile category designation 313. Based upon international textile trade agreements products of Egypt 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
New York Seaport

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