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April 13, 1999

CLA-2-52:RR:NC:TA:352 E80607

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.49.0090

Ms. Katie Mercatoris
Park Imports & Designs
501 N. Oak Forest Road (27534)
P.O. Box 10038
Goldsboro, North Carolina 27532

RE: The tariff classification of 100% cotton dobby woven fabric from India.

Dear Ms. Mercatoris:

In your letter dated April 5, 1999 you requested a classification ruling.

The submitted sample, identified as style #522-99, is a 100% cotton dobby woven fabric constructed with yarns of different colors. It contains 50 single yarns per centimeter in the warp and 26 single yarns per centimeter in the filling. The fabric is characterized by a woven check pattern accented by 5 pointed stars. Weighing 250 g/m2, this product will be imported in 150 centimeter widths. The fabric is designed for a variety of home furnishing uses including for the manufacture of curtains, bed spreads and pillow covers.

The applicable subheading for the dobby woven fabric will be 5209.49.0090, 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, of yarns of different colors, other fabrics, other. The duty rate will be 8.6% ad valorem.

This fabric falls within textile category designation 218. Based upon international textile trade agreements products of India 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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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