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NY H89234




March 21, 2002

CLA-2-52:RR:NC:TA:352 H89234

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.43.0000

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.

Dear Ms. O’Shea-Moran:

In your letter dated March 10, 2002 you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. The first, designated as style 21216454 Yarn Dyed Brushed Flannel, is a 2X2 twill woven fabric composed of 100% cotton. It is characterized by a plaid pattern and has been lightly brushed on one side. 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 128 g/m2, this fabric will be imported in 111 centimeter widths.

Style 4022006064P Yarn Dyed Plain Weave, is a 2X2 twill woven fabric composed of 100% cotton. It is characterized by a hounds tooth pattern and has been lightly brushed on both sides. Constructed with yarns of different colors, this product contains 25 warp ends per centimeter and 21 filling picks per centimeter. It is manufactured using 40/2 c.c. yarns in the warp and 20/1 c.c. yarns in the filling. Weighing 135 g/m2, this fabric will be imported in 108 centimeter widths.

Style 21218056T Yarn Dyed Twill Weave, is a twill woven fabric composed of 100% cotton. It is characterized by a plaid pattern and has been brushed on both sides. Constructed with yarns of different colors, this product contains 31 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. It is manufactured using 21/1 c.c. yarns in both the warp and the filling. Weighing 155 g/m2, this fabric will be imported in 108 centimeter widths.

The applicable subheading for the three twill woven fabrics 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.

All three fabrics 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 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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