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NY G85696




January 5, 2001

CLA-2-58:RR:NC:TA:352 G85696

CATEGORY: CLASSIFICATION

TARIFF NO.: 5802.11.0000

Mr. Lawrence R. Pilon
Hodes Keating & Pilon
33 North Dearborn Street, Suite 2204
Chicago Illinois 60602-3109

RE: The tariff classification of 100% cotton greige terry toweling fabric from India or Pakistan.

Dear Mr. Pilon:

In your letter dated December 28, 2000, on behalf of your client Eastern Shelnor, Inc., you requested a classification ruling. The samples that accompanied your letter are being returned as requested.

Two samples of woven loop pile terry toweling fabric were submitted with your request for a ruling. The first, designated as Exhibit A, is a greige 100% cotton woven fabric with a loop pile surface on both sides. This product, which will be cut and sewn into terry towels after importation, features flat woven sections with no pile every 51 inches along its length which correspond to where the individual towels will be cut from the fabric and subsequently hemmed. This item will be imported in 30 inch widths. In its condition as imported this pile fabric is not considered a made up article. The sample designated as exhibit B is a greige 100% cotton loop pile terry toweling fabric that will be imported in 39 inch widths. Every 61 inches along its length flat woven sections without pile are featured. After importation, the individual towels will be cut from this fabric along the flat woven sections and subsequently hemmed to form the finished towel. In its condition as imported this product is not considered a made up article.

The applicable subheading for the both terry fabrics (exhibits A and B) will be 5802.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Terry toweling and similar woven terry fabrics, other than narrow fabrics of heading 5806, terry toweling and similar woven terry fabrics, of cotton, unbleached. The duty rate will be 10.2 percent ad valorem.

Both these fabrics fall within textile category designation 224. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa while Pakistan is 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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