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NY F82655




April 18, 2000

CLA-2-52:RR:NC:TA:352 F82655

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.42.1000; 5208.42.3000

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

RE: The tariff classification of a hand-loomed 100% cotton plain woven fabric from India.

Dear Ms. Mercatoris:

In your letter dated February 3, 2000 you requested a classification ruling.

The submitted sample, designated as style York 1” Check fabric (#405-99), is a plain woven fabric composed of 100% cotton. It is manufactured with yarns of different colors and is characterized by a check pattern. Laboratory analysis indicates that this product contains 32.6 single yarns per centimeter in the warp and 27.4 single yarns per centimeter in the filling. It is constructed with 20/2 c.c. yarns in both the warp and the filling. Weighing 198.9 g/m2, this item will be imported in 150 centimeter widths. Based on the information supplied and the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 30 in the metric system. This fabric appears to have been manufactured on a handloom.

If this product is certified as hand-loomed, in accordance with procedures established by the United States Trade Representative, by an official of a government agency of the country of production, then the applicable subheading for the 100% cotton plain woven fabric will be 5208.42.1000, 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, of yarns of different colors, plain weave, weighing more than 100 g/m2, certified hand-loomed fabrics. The duty rate will be 4.2 percent ad valorem.

If this product is not certified as hand-loomed, then the applicable subheading for the 100% cotton plain woven fabric 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 g/m2, of yarns of different colors, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number. The duty rate will be 8.7 percent ad valorem.

If the fabric is hand-loomed and properly certified, then it is not subject to visa requirements or quota restraints. If the fabric is determined not to be hand-loomed, then it 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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