CLA-2-52:R:N3:352 815539

Ms. Janet O'Dea Stevens
Sabtex (N.Y.) Ltd.
120 Van Nostrand Avenue
P.O. Box 1255
Englewood Cliffs, New Jersey 07632

RE: The tariff classification of 100% cotton unbleached plain woven fabric from India.

Dear Ms. Stevens:

In your letter dated October 9, 1995 you requested a classification ruling.

The submitted sample is a plain woven fabric composed of 100% cotton. It contains 15.8 single yarns per centimeter in the warp and 12.6 single yarns per centimeter in the filling. This product is constructed using 10/1 c.c. yarns in both the warp and the filling. Weighing 189.4 g/m2, this fabric will be imported in 119 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 14 in the metric system. Your letter indicates that this product will be used to manufacture wearing apparel and home furnishings.

The applicable subheading for the greige plain woven fabric will be 5208.12.4090, 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, unbleached, plain weave, weighing more than 100 g/m2, of number 42 or lower number, cheesecloth. The duty rate will be 7 percent ad valorem.

This fabric falls within textile category designation 226. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 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 212-466-5896.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division