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NY H87101




January 22, 2002

CLA-2-55:RR:NC:TA:352 H87101

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.31.0000

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

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

Dear Ms O’Shea-Moran:

In your letter dated January 7, 2002 you requested a classification ruling.

The submitted sample, designated as style SNYD 20013 Gingham Check, is a plain woven fabric composed of 65% staple polyester and 35% cotton. It contains 31.5 single yarns per centimeter in the warp and 27.6 single yarns per centimeter in the filling. This product is constructed using 45/1 c.c. yarns in both the warp and filling and is manufactured with yarns of different colors. It is characterized by a check motif. Weighing 80 g/m2, This fabric will be imported in 113 centimeter widths.

The applicable subheading for the plain woven fabric will be 5513.31.0000, 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, of yarns of different colors, of polyester staple fibers, plain weave. The duty rate will be 15.3 percent ad valorem.

This fabric falls within textile category designation 218. 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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