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NY H89226





March 22, 2002

CLA-2-52:RR:NC:TA:352 H89226

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.52.4065

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

RE: The tariff classification of two 100% cotton printed plain woven 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 FELD-WD-01 Cotton Printed Sheeting, is a printed plain woven fabric composed of 100% cotton. It is characterized by a stylized printed sky motif including depictions of the sun, moon, clouds and stars. It contains 26.77 single yarns per centimeter in the warp and 26.77 single yarns per centimeter in the filling. This product is constructed using 30/1 c.c. yarns in both the warp and the filling. Weighing 122 g/m2, this fabric will be imported in 113 centimeter widths. Based on the data you provided, the average yarn number for this item has been calculated to be 43 in the metric system

Style FELD-WD-02 Cotton Printed Sheeting, is a printed plain woven fabric composed of 100% cotton. It is characterized by having been printed with stylized cherries on a blue background. It contains 26.77 single yarns per centimeter in the warp and 26.77 single yarns per centimeter in the filling. This product is constructed using 30/1 c.c. yarns in both the warp and the filling. Weighing 122 g/m2, this fabric will be imported in 113 centimeter widths. Based on the data you provided, the average yarn number for this item has been calculated to be 43 in the metric system

The applicable subheading for both the plain woven fabrics will be 5208.52.4065, 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 numbers 43 to 68, printcloth, other. The duty rate will be 11.4 percent ad valorem.

Both printed plain woven fabrics fall 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.

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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