CLA-2 CO:R:C:G  080147  CMR
TARIFF NO: 322.1836; 5208.42.3000
          Mrs. D. W. S. Wai
          British Embassy
          Hong Kong Office
          3100 Massachusetts Ave., N.W.
          Washington, D.C.  20008
          RE: Classification of 100 percent cotton fabric
          Dear Mrs. Wai:
              This is in response to your letter of April 15, 1987,
          requesting classification of a 100 percent cotton sheeting woven
          fabric imported into the United States by Maygene Ltd. DBA Carl
          Lawrence Company from Hong Kong.  The shipment is being held at
          Los Angeles for want of a correct visa.  A sample accompanied the
          ruling request.
          FACTS:
              The submitted sample is a 100 percent cotton fabric which has
          been plain woven.  It contains 68 single threads per inch in the
          warp and 52 single threads per inch in the filling.   The fabric
          is constructed using single carded yarns in both the warp and the
          filling.  The warp yarns have been dyed blue while the filling
          yarns are not dyed.  The fabric weighs 4.5 ounces per square yard
          and has not been napped.  Based on data developed by the U.S.
          Customs laboratory, the average yarn number for this fabric has
          been calculated to be 18.
              The Hong Kong Trade Department contends that this fabric fits
          Hong Kong's classification guidelines for category 313 and was
          incorrectly assigned category 318 when entered through Los
          Angeles.  The Hong Kong Trade Department bases its contention on
          the textile guidelines in Notice to Exporters No. 50/83 of
          October 22, 1983.
          ISSUE:
              Whether the fabric at issue falls within textile category 313
          or 318.
-2-
          LAW AND ANALYSIS:
              In order to determine the proper textile category designation
          for this fabric, we must first classify it under the Tariff
          Schedules of the United States Annotated (TSUSA).  The textile
          category designation is determined from the tariff classification
          of the fabric and cannot be accurately predicted from the textile
          category guidelines.  Based on the data developed by the U.S.
          Customs laboratory, the sample is a woven fabric, wholly of
          cotton, not fancy or figured, colored, whether or not bleached,
          classifiable in item 322.18  , Tariff Schedules of the United
          States (TSUS).  The next step is to determine the statistical
          suffix that applies by reference to the Statistical Suffix Table
          for Items 320.01 Through 331.  .
              The fabric meets the definition of sheeting in Statistical
          Headnote 1(f), Subpart A, Part 3, Schedule 3, which provides for
          "fabrics of plain weave, whether or not napped, of the following
          types-- (i) fabrics weighing not more than 5.9 ounces per square
          yard, of square construction, containing more than 85 warp ends
          and filling picks per square inch, of average yarn number 40 or
          lower number but not including printcloth;...."  Since the
          characteristics of this fabric mandate classification as
          sheeting, we are led to examine statistical suffixes 32 through
          38.  Clearly, suffixes 32 and 33 are not applicable to this
          product since the fabric weighs less than 5 ounces per square
          yard and has single yarns and an average yarn number over 15.
          Suffixes 34 and 38 cannot apply since these provisions require
          that the fabric not be of yarns of different colors.  In view of
          the fact that the warp is dyed blue and the filling yarns are not
          dyed, this cloth meets the definition for a fabric which is "of
          yarns of different colors."  Note Statistical Headnote 1(1),
          Subpart A, Part 3, Schedule 3, which states in part that "of
          yarns of different colors" includes fabric which "...consist[s]
          of unbleached or bleached yarn and colored yarn...."  Suffix 37
          cannot apply since it requires a napped fabric.  That leaves only
          suffixes 35 and 36 to consider.  Since the fabric is not checked,
          plaid, or striped, suffix 35 does not apply.  This analysis leads
          inevitably to suffix 36.  This results in classification in item
          322.1836, TSUSA, which correlates with textile category 318.
              Your reliance on the textile guidelines in Notice to
          Exporters No. 50/83 of October 22, 1983, is misplaced.  These
          guidelines were obsolete at the time this entry was made since
          they were based partially on the 1983 TSUSA.  Please note that
          the Statistical Suffix Table for Items 320.01 through 331.   has
          been correlated with textile categories in such a manner that no
          fabric containing yarns of different colors is assigned category
          313.
-3-
          HOLDING:
              The fabric at issue is classifiable in item 322.1836, TSUSA,
          textile category 318.  It is dutiable at the 1986 rate of 10.2 ad
          valorem.
              Under the proposed Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), the fabric is classifiable in
          subheading 5208.42.3000, textile category 218.  The rate of duty
          is 9.6 percent ad valorem.  This classification represents the
          present position of the Customs Service under the proposed
          HTSUSA.  If changes occur before enactment, this advice may not
          continue to be applicable.
                                          Sincerely,
John Durant
                                          Acting Director
                                          Commercial Rulings Division
6cc: Area Director, New York Seaport
          1cc: CITA
          1cc: NIS Alan Tytelman