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NY N009563




April 30, 2007

CLA-2-52:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.12.0020

Garth Pauley
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of 100% cotton fabric with flock printed pattern from China

Dear Mr. Pauley:

In your letter dated April 6, 2007, you requested a classification ruling.

You have submitted a sample of plain woven fabric that is identified as FLTWS2. It is constructed of a base fabric composed of 100% cotton. The base fabric is flock printed with a distinct pattern. This textile flock is composed of rayon fiber. It contains 20 single yarns per centimeter in the warp and filling. This textile product weighs 241 g/m2 and it will be imported in 109 centimeter-widths. The sample is being returned as requested.

Your letter of inquiry states it is your opinion that this woven fabric would be classified under heading 5907.00.8090 of the Harmonized Tariff Schedule of The United States (HTSUS). We disagree with your proposed classification. Chapter 59 Note 5(c) states, “Heading 5907 does not apply to: fabrics covered partially covered with flock, dust, powdered cork or the like and bearing designs resulting from these treatments; however, imitation pile fabrics remain classified in this heading.” Since FLTWS2 is a woven fabric partially covered with a flock pattern design, it can not be classified as 5907.00.8090.

The applicable subheading for the woven fabric, FLTWS2, will be 5209.12.0020, HTSUS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2. The duty rate will be 6.5 percent.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at http://www.usitc.gov/tata/hts/.

This woven fabric falls within textile category 317. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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