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NY H89340




March 15, 2002

CLA-2-52:RR:NC:TA:352 H89340

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.12.6020

Ms. Jill Simmons
International Trade Consultants, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of 100% cotton unbleached plain woven fabric from Indonesia.

Dear Ms. Simmons:

In your letter dated March 7, 2002, on behalf of your client Pillowtex Corp., you requested a classification ruling.

No sample accompanied your request and therefore this ruling will be based on the data submitted. It should be noted that even small changes in any of the data elements provided may change the classification, duty rate and/or the quota and visa status of the product. The item you require a ruling on is stated to be an unbleached plain woven fabric composed of 100% cotton. It contains 40.94 single yarns per centimeter in the warp and 29.92 single yarns per centimeter in the filling. It is assumed that this product is constructed with single yarns in both the warp and filling. Weighing 128 g/m2, this fabric will be imported in 234 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 55 in the metric system.

The applicable subheading for the plain woven fabric will be 5208.12.6020, 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, unbleached, of numbers 43 to 68, poplin or broadcloth. The duty rate will be 9 percent ad valorem.

This plain woven fabric falls within textile category designation 314. Based upon international textile trade agreements products of Indonesia 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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