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NY H86858




January 18, 2002

CLA-2-52:RR:NC:TA:352 H86858

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.51.6060

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

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

Dear Ms. O’Shea-Moran:

In your letter dated August 10, 2001 and resubmitted on December 01 2001 you requested a classification ruling.

The submitted sample, designated as Feld Cotton/Poly 76X54, is a printed plain woven fabric composed of 55% cotton and 45% staple polyester. It contains 29.9 single yarns per centimeter in the warp and 21.2 single yarns per centimeter in the filling. This fabric is constructed using 35/1 c.c. yarns in both the warp and filling. Weighing 80 g/m2, this product will be imported in 113 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 63 in the metric system.

The applicable subheading for the printed plain woven fabric will be 5210.51.6060, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2 printed, plain weave, of numbers 43 to 68, printcloth. The duty rate will be 12.2 percent ad valorem.

This fabric falls within textile category designation 315. 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.

It should be noted that this ruling is based on the data provided. Small changes in the fiber content or construction of the fabric may result in classification in other subheadings of the Harmonized Tariff Schedule of the United States resulting in changes in either the duty rate and/or the textile category designation.

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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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