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NY H89233




March 21, 2002

CLA-2-52:RR:NC:TA:352 H89233

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.43.0000; 5208.42.3000

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

RE: The tariff classification of three 100% cotton fabrics constructed from yarns of different colors from Pakistan or India.

Dear Ms. O’Shea-Moran:

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

Three samples of woven fabric accompanied your request for a ruling. The first, designated as style FELD-YDF-MN Cotton Yarn Dyed Flannel, is a 2X2 twill woven fabric composed of 100% cotton. It is characterized by a plaid pattern and has been lightly brushed on both sides. Constructed with yarns of different colors, this product contains 25 single yarns per centimeter in the warp and 21 single yarns per centimeter in the filling. It is manufactured using 21/1 c.c. yarns in both the warp and the filling. Weighing 135 g/m2, this fabric will be imported in 112 centimeter widths.

Style FELD-21/135/44 Heavy Yarn Dyed Flannel, is a 2X2 twill woven fabric composed of 100% cotton. It is characterized by a plaid pattern and has been lightly brushed on both sides. Constructed with yarns of different colors, this product contains 25 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. It is manufactured using 20/1 c.c. yarns in the warp and 20/1 c.c. yarns in the filling. Weighing 150 g/m2, this fabric will be imported in 112 centimeter widths.

Style W-01 Cotton Fabric, is a plain woven fabric composed of 100% cotton. It is characterized by a plaid pattern. Constructed with yarns of different colors, this product contains 28 single yarns per centimeter in the warp and 13 single yarns per centimeter in the filling. It is manufactured using 20/2 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. Weighing 200 g/m2, this fabric will be imported in 114 centimeter widths. Based on the data provided, the average yarn number for this product has been calculated to be 20 in the metric system

The applicable subheading for the two twill woven fabrics designated as styles FELD-YDF-MN and FELD 21/135/44 Heavy Yarn Dyed Flannel will be 5208.43.0000, 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, of yarns of different colors, 3-thread and 4-thread twill including cross twill. The duty rate will be 2.1 percent ad valorem.

The applicable subheading for the plain woven fabric designated as style W-01 will be 5208.42.3000, 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, of yarns of different colors, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number. The duty rate will be 8.4 percent ad valorem.

The two twill fabrics designated as styles FELD-YDF-MN and FELD-21/135/44 fall within textile category designation 218. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

The plain woven fabric designated as style W-01 falls within textile category designation 218. Based upon international textile trade agreements products of India 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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