CLA-2-52:S:N:N6:352 886625

Mr. Robert C. Miller
John V. Carr & Son, Inc.
1745 Phoenix Blvd., Suite 380
Atlanta, Ga. 30349

RE: The tariff classification of cotton woven fabric from Japan Taiwan, India, or China.

Dear Mr. Miller:

In your letter dated May 11, 1993, on behalf of your client Ezrasons, Inc., you requested a tariff classification ruling.

You have submitted two samples of woven fabric identified as oxford cloth, item nos. 1 and 2. Item no. 1 is composed of 100% bleached cotton. This product is woven as a plain weave except that two warp yarns (taped warp) are woven as one. Customs laboratory analysis reveals that this merchandise is manufactured with 2-ply yarns in both the warp and filling. It contains 127 single yarns per centimeter in the warp and 47 single yarns per centimeter in the filling. The fabric weighs 125.81 g/m2 and will be imported in 113 centimeter widths. The average yarn number has been calculated to be 138 in the metric system. Item no. 2, is a fabric manufactured with yarns of different colors that is composed of 100% cotton. It is also woven as a plain weave except that two warp yarns (taped warp) are woven as one. Based on the Customs laboratory analysis, this textile product contains 126 single yarns per centimeter in the warp and 47 single yarns per centimeter in the filling. It is constructed using 2-ply yarns in both the warp and filling. The fabric weighs 130.21 g/m2 and will be imported in 113 centimeter widths. The average yarn number has been calculated to be 132 in the metric system.

The applicable subheading for item no. 1, bleached oxford cloth, will be 5208.29.8020, 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, bleached, other fabrics, other, of number 69 or higher number, oxford cloth. The rate of duty will be 13.5 percent ad valorem.

The applicable subheading for item no. 2, an oxford cloth made with

yarns of different colors will be 5208.49.8090, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, of yarns of different colors, other fabrics, other, of number 69 or higher number, other. The rate of duty will be 14.7 percent ad valorem.

Item no. 1, falls within textile category designation 227. Based upon international textile trade agreements, products of Taiwan, India and China are subject to quota restrictions and visa requirements, while Japan requires only a visa.

Item no. 2, falls within textile category designation 218. Based upon international textile trade agreements, products of Taiwan, India and China are subject to quota restrictions and visa requirements, while Japan requires only a visa.

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