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NY 887974




July 8,1993

CLA-2-52:S:N:N6:352 887974

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.32.3090

Mr. Hal Jacoby
R.D. New & Company, Inc.
55 West 39th Street
New York, New York 10018

RE: The tariff classification of a 100% cotton plain woven fabric from China

Dear Mr. Jacoby:

In your letter dated July 1, 1993 you requested a classification ruling. The submitted sample, identified as dyed cotton flannel, is a plain woven fabric composed of 100% cotton. The fabric has been dyed a single uniform color and has been brushed creating a lightly napped surface. Laboratory analysis indicates that this product contains 18 single yarns per centimeter in the warp and 15 single yarns per centimeter in the filling. It is constructed using 20/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. Weighing 145.8 g/m2, the fabric will be imported in 113 centimeter widths. Based on the data developed by the U.S. Customs Laboratory, the average yarn number for this fabric has been calculated to be 22 in the metric system.

The applicable subheading for the dyed plain woven flannel fabric will be 5208.32.3090, 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, dyed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, cheesecloth. The duty rate will be 9.6 percent ad valorem.

This plain woven fabric falls within textile category designation 226. Based upon international textile trade agreements, products of China are subject to both quota restraints and visa requirements.

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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