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NY L81463




December 16, 2004

CLA-2-52:RR:NC:TA:352 L81463

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.52.3090

Mr. Robert Horowitz
Sabtex Ltd.
800 D Central Boulevard
Carlstadt, NJ 07072

RE: The tariff classification of a 100% cotton bonded fabric with a printed plain woven face fabric laminated to a bleached backing fabric from China.

Dear Mr. Horowitz:

In your letter dated December 9, 2004 you requested a classification ruling.

The submitted sample is a bonded fabric consisting of two woven fabric laminated together by means of a plastic adhesive which is not visible in cross section. The face fabric is a printed plain woven fabric composed of 100% cotton. It contains 15.74 single yarns per centimeter in the warp and 16.53 single yarns per centimeter in the filling. It is constructed using 20/1 c.c. cotton yarns in the warp and 10/1 c.c. cotton yarns in the filling. The face fabric weighs approximately 141 g/m2 and based on the data provided, the average yarn number has been calculated to be 22 in the metric system. It features a printed design characterized by stylized depictions of flowers and insects. The backing fabric is a bleached plain woven fabric composed of 100% cotton. It contains 15.74 single yarns per centimeter in the warp and 16.53 single yarns per centimeter in the filling. It is constructed using 20/1 c.c. cotton yarns in the warp and 10/1 c.c. cotton yarns in the filling. The backing fabric weighs approximately 141 g/m2 and the average yarn number for this fabric has been calculated to be 22 in the metric system. Both the face fabric and the backing fabric have been brushed creating a soft fibrous surface. The bonded fabric weighs approximately 310 g/m2 and will be imported in 137 centimeter widths. Based on the function, value and decorative appeal of the printed face fabric, it is the face fabric which imparts this product with its essential character.

Your correspondence indicates that this fabric will also be imported cut to various sized rectangles. These rectangles will measure 12” X 14”, 14” X 18”, 18” X 27” or 26” X 27” and will be used as water resistant lap pads.

The applicable subheading for both the bonded fabric and the rectangles cut from the bonded fabric will be 5208.52.3090, 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, printed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, cheesecloth. The duty rate will be 6 percent ad valorem.

Both the bonded fabric and the rectangles cut from the bonded fabric fall within textile category designation 226. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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