CLA-2-52:S:N:N3H:352 874308

Mr. Charles E. Montgomery, Jr.
Fritz Companies, Inc.
P. O. Box 11004
Charleston, SC 29411-1004

RE: The tariff classification of cotton/polyester woven fabric from China.

Dear Mr. Montgomery:

In your letter dated May 5, 1991, on behalf of your client Taritex, Inc., you requested a classification ruling.

You have submitted a sample of plain woven fabric that is identified as style no. 75141/01. Based on the information provided, it is composed of 55% cotton and 45% staple polyester. The fabric is constructed using 35/1 c.c. carded yarns in both the warp and filling. This product contains 37.8 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. The fabric is unbleached and weighs 114.93 g/m2. It will be imported in approximately 162 centimeter widths. The average yarn number is calculated to be 52 in the metric system.

The applicable subheading for the woven fabric will be 5210.11.6020, 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, unbleached, plain weave, of numbers 43 to 68, poplin or broadcloth. The duty rate will be 10.2 percent ad valorem.

This textile product falls within textile category designation 314. Based upon international textile trade agreements, products of China are subject to quota restraints and visa requirements. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport