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NY I86843




September 26, 2002

CLA-2-52:RR:NC:TA:352 I86843

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.42.4000; 5208.32.4060

Ms. Bonnie Lewis
Inter-Commerce Enterprises, Inc.
5600 Northwest Central, Suite 104
Houston, Texas 77092

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

Dear Ms. Lewis:

In your letter dated August 30, 2002, on behalf of your client A Essak & Sons, Inc., you requested a classification ruling.

The submitted sample is a 100% cotton plain woven fabric constructed with yarns of different colors. This product contains 39.4 single yarns per centimeter in the warp and 35.4 single yarns per centimeter in the filling. Your letter indicates that this fabric has been manufactured using 40/1 c.c. yarns in both the warp and the filling. Weighing 121.9 g/m2, this item will be imported cut to rectangles measuring approximately 42” X 36”. Based on the data you provided, the average yarn number for this product has been calculated to be 61 in the metric system. Your correspondence indicates that you also require a ruling on fabric rectangles that are identical in construction to the submitted sample and vary only in that they have been dyed a single uniform color.

The applicable subheading for the plain woven fabric constructed with yarns of different colors will be 5208.42.4000, 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, of numbers 43 to68. The duty rate will be 11.4 percent ad valorem.

The applicable subheading for the plain woven fabric dyed a single uniform color will be 5208.32.4060, 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 numbers 43 to 68, printcloth. The duty rate will be 10 percent ad valorem.

The plain woven fabric composed of yarns of different colors falls 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 dyed plain woven fabric falls within textile category designation 315. 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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