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NY 894608




February 25, 1994

CLA-2-52:S:N:N6:352 894608

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.52.0020

Mr. Cheng Jenq
TPI Inc.
300-3 Suite 6, Rt. 17 South
Lodi, NJ 07644

RE: The tariff classification of cotton woven fabric from China.

Dear Mr. Jenq:

In your letter dated February 1, 1994, you requested a classification ruling.

The submitted sample is identified as Royal Dirt Devil fabric. It is composed of 100% cotton and has been printed with the "Royal" logo and other designs. This 2x1 twill woven textile product weighs 270 g/m2. The fabric contains 53 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. It will be imported in 119 centimeter widths.

Your correspondence indicates that this fabric will be used to manufacture dust bags, a component of the Royal Dirt Devil hand held vacuum cleaner. You suggest that this product should be classified as a vacuum cleaner part. However, since this product has not been sufficiently processed to achieve the character of a part of the vacuum cleaner, it will remain classified as a woven fabric.

The applicable subheading for the printed woven fabric will be 5209.52.0020, 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 more than 200 g/m2, printed, 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.9 percent ad valorem.

This cotton fabric falls within textile category designation 317. Based upon international textile trade agreements, products of China are subject to quota restrictions 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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