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NY H85392




August 31, 2001

CLA-2-55:RR:NC:TA:352 H85392

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.41.0090

Ms. Colleen O’Shea-Moran
Jo-Ann Stores, Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of a polyester/cotton blend printed plain woven fabric from China.

Dear Ms. O’Shea-Moran:

In your letter dated August 24, 2001 you requested a classification ruling.

The submitted sample, designated as style “Embossed Plisse, RED-PL”, is a printed plain woven fabric composed of 65% staple polyester and 35% cotton. It is characterized by a stylized printed floral motif. Your correspondence indicates that it contains 37.8 single yarns per centimeter in the warp and 28.4 single yarns per centimeter in the filling. This product is constructed using 45/1 c.c. yarns in both the warp and filling. Weighing approximately 93 g/m2, this fabric will be imported in 108 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 71 in the metric system.

The applicable subheading for the plain woven printed fabric will be 5513.41.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, printed, of polyester staple fibers, plain weave, cheesecloth; lawns, voiles or batistes. The duty rate will be 15.5 percent ad valorem.

This fabric falls within textile category designation 226. Based upon international textile trade agreements products of China 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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