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NY G84543




November 22, 2000

CLA-2-52:RR:NC:TA:352 G84543

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.12.6060

Ms. Rita Ciocci
7 Garit Lane
Larchmont, New York 10538

RE: The tariff classification of unbleached plain woven fabric from Bangladesh.

Dear Ms. Ciocci:

In your letter dated November 7, 2000 you requested a classification ruling.

The information provided indicates that this product is a plain woven fabric composed of 100% cotton. It contains 26.8 single yarns per centimeter in the warp and 26.8 single yarns per centimeter in the filling. This fabric is constructed using 30/1 c.c. yarns in both the warp and the filling. Weighing approximately 115 g/m2, this item will be imported in 127 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 46 in the metric system. Your correspondence indicates that the warp yarns have been dyed with a fugitive dye for identification purposes while the filling is unbleached.

Subheading Note 1 to Section XI provides in part:

In this section and, where applicable, throughout the tariff schedule, the following expressions have the meanings hereby assigned to them:

Unbleached yarn

Yarn which:

Has the natural color of its constituent fibers and has not been bleached, dyed (whether or not in the mass) or printed; or

Is of indeterminate color (“grey yarn”), manufactured from garnetted stock.

Such yarn may have been treated with a colorless dressing or fugitive dye (which disappears after simple washing with soap) and, in the case of man-made fibers, treated in the mass with delustering agents (for example, titanium dioxide).

Unbleached woven fabric

Woven fabrics made from unbleached yarn and which has not been bleached, dyed or printed. Such fabrics may have been treated with a colorless dressing or a fugitive tint.

Based on Note 1 to Section XI as specified above, it is clear that the dyeing of the warp yarns with a fugitive dye does not alter their characterization as unbleached yarns and consequently a woven fabric made in part from such yarns combined with natural yarns remains an unbleached woven fabric for the purposes of the Harmonized Tariff Schedules of the United States.

The applicable subheading for the cotton woven fabric will be 5208.12.6060, 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, unbleached, plain weave, weighing more than 200 g/m2, of numbers 43 to 68, printcloth. The duty rate will be 9 percent ad valorem.

This fabric falls within textile category designation 315. Based upon international textile trade agreements products of Bangladesh are subject to visa requirements.

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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