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NY J85838




July 3, 2003

CLA-2-52:RR:NC:TA:352 J85838

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.51.4040

Ms. Joy Bradley
Standard Textile Co., Inc.
One Knollcrest Drive
Cincinnati, OH 45237

RE: The tariff classification of cotton/polyester blend printed plain woven fabric from China or Pakistan.

Dear Ms. Bradley:

In your letter dated June 24, 2003 you requested a classification ruling.

The submitted sample is a printed plain woven fabric composed of 55% cotton and 45% staple polyester. It contains 25.2 single yarns per centimeter in the warp and 22.04 single yarns per centimeter in the filling. This product is constructed using 22/1 c.c. yarns in both the warp and filling. Weighing 142.76 g/m2, this item will be imported in 152 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 33 in the metric system. Your correspondence indicates that this item will be used in the manufacture of garments for hospital patients.

The applicable subheading for the plain woven printed fabric will be 5210.51.4040, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, printed, plain weave, of number 42 or lower number, sheeting. The duty rate will be 10 percent ad valorem.

This plain woven fabric falls within textile category designation 313. Based upon international textile trade agreements products of both China and 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 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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