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NY J84697




June 3, 2003

CLA-2-52:RR:NC:TA:352 J84697

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.21.6090; 5208.31.8090

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

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

Dear Mr. Brooks:

In your letter dated May 7, 2003 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as “Cotton Organdy EXP1202 Bleached White”, is a bleached plain woven fabric composed of 100% cotton. It contains 30 single yarns per centimeter in the warp and 26 single yarns per centimeter in the filling. This product is constructed using 60/1 c.c. yarns in the warp and 90/1 c.c. yarns in the filling. Weighing approximately 50 g/m2, this item will be imported in 137 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 112 in the metric system.

Style “Cotton Organdy EXP1202 Piece Dyed”, is a dyed plain woven fabric composed of 100% cotton. It contains 30 single yarns per centimeter in the warp and 26 single yarns per centimeter in the filling. This product is constructed using 60/1 c.c. yarns in the warp and 90/1 c.c. yarns in the filling. Weighing approximately 50 g/m2, this item will be imported in 137 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 112 in the metric system.

The applicable subheading for the bleached fabric designated as style “Cotton Organdy EXP1202 Bleached White” will be 5208.21.6090, 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, plain weave, weighing not more than 100 g/m2, of number 69 or higher number, cheesecloth, lawns, voiles or batistes. The duty rate will be 11.7 percent ad valorem.

The applicable subheading for the dyed fabric designated as style “Cotton Organdy EXP1202 Piece Dyed” will be 5208.31.8090, 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 not more than 100 g/m2, other, of number 69 or higher number, cheesecloth, lawns, voiles or batistes. The duty rate will be 12.7 percent ad valorem.

Both fabrics fall within textile category designation 226. 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 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.

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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