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NY J84405




May 27, 2003

CLA-2-TA:RR:NC:TA:352 J84405

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.29.4090

Mr. Martin K. Behr
Sea Shipping Line
114 Maple Avenue
Red Bank, NJ 07701

RE: The tariff classification of a 100 % cotton bleached bird’s-eye woven fabric from Bangladesh.

Dear Mr. Behr:

In your letter dated April 12, 2003, on behalf of your client STM USA LLC, you requested a tariff classification ruling.

The submitted sample, designated as “Bird’s-Eye Cotton Fabric”, is a bleached woven fabric composed of 100% cotton. It is characterized by an intricate interlacing pattern that produces a woven design reminiscent of a bird’s eye. This product contains 27.56 single yarns per centimeter in the warp and 17.32 single yarns per centimeter in the filling. It is constructed using 30/1 c.c. yarns in the warp and 16/1 c.c. yarns in the filling. Weighing 126 g/m2, this item will be imported in 152 centimeter widths. Based on the data provide, the average yarn number for this fabric has been calculated to be 35 in the metric system.

The applicable subheading for the cotton woven fabric will be 5208.29.4090, 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, bleached, other fabrics, other, of number 42 or lower number, other. The rate of duty will be 8.2 percent ad valorem.

This fabric falls within textile category designation 220. Based upon international textile trade agreements products of Bangladesh are subject to visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

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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