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NY H89225




March 22, 2002

CLA-2-52:RR:NC:TA:352 H89225

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.52.3090; 5208.32.3090

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

RE: The tariff classification of two 100% cotton plain woven napped fabrics from China.

Dear Ms. O’Shea-Moran:

In your letter dated March 11, 2002 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style 805 Cotton Printed Chamois Flannel, is a printed plain woven fabric composed of 100% cotton. It contains 15.75 single yarns per centimeter in the warp and 16.54 single yarns per centimeter in the filling. This product has been constructed using 20/1 c.c. yarns in the warp and 7/1 c.c. yarns in the filling. The fabric has been heavily brushed on the printed side and lightly brushed on the reverse side. Weighing 200 g/m2, this item will be imported in 108 centimeter widths. Based on the data submitted, the average yarn number for this fabric has been calculated to be 16 in the metric system.

Style 806 Chamois Solid Flannel, is a dyed plain woven fabric composed of 100% cotton. It contains 15.75 single yarns per centimeter in the warp and 33.1 single yarns per centimeter in the filling. This product has been constructed using 20/1 c.c. yarns in the warp and 20/2 c.c. yarns in the filling. The fabric has been heavily brushed on both sides. Weighing 155 g/m2, this item will be imported in 108 centimeter widths. Based on the data submitted, the average yarn number for this fabric has been calculated to be 31 in the metric system.

The applicable subheading for the plain woven printed fabric designated as style 805 will be 5208.52.3090, 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, printed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, cheesecloth. The duty rate will be 6.7 percent ad valorem.

The applicable subheading for the plain woven dyed fabric designated as style 806 will be 5208.32.3090, 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, dyed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, cheesecloth. The duty rate will be 7.5 percent ad valorem.

Styles 805 and 806 fall 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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