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NY J87312




July 30, 2003

CLA-2-52:RR:NC:TA:352 J87312

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.51.6020

Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of a cotton/polyester blend plain woven burnt-out print fabric from China.

Dear Ms. O’Shea-Moran:

In your letter dated June 30, 2003 you requested a classification ruling.

The submitted sample, designated as style “CVC Burnout”, is a printed plain woven fabric composed of 55% cotton and 45% polyester. It contains 43 single yarns per centimeter in the warp and 30 single yarns per centimeter in the filling. This product is characterized by a floral motif that has been created by burning out a portion of the cotton fiber with an acid that has been printed onto the fabric. Weighing 110 g/m2, this fabric will be imported in 94 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 66 in the metric system.

The applicable subheading for the plain woven fabric designated as style “CVC Burnout” will be 5210.51.6020, 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 numbers 43 to 68, poplin or broadcloth. The duty rate will be 12.2 percent ad valorem.

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