CLA-2-52:S:N:N6:352 892257

Mr. William J. Twigger
D. T. Gruelle Company
301 Moon Clinton Road
Coraopolis, PA 15108

RE: The tariff classification of cotton/polyester blend plain woven fabric from Pakistan.

Dear Mr. Twigger:

In your letter dated November 8, 1993, on behalf of your client Index International Inc., you requested a classification ruling.

The submitted sample, designated as SCRIM-GREIGE, is a greige plain woven fabric. Based on laboratory analysis, it is composed of 72.6% cotton and 27.4% staple polyester. This product contains 13.8 single yarns per centimeter in the warp and 9 single yarns per centimeter in the filling. It is constructed using 35/1 c.c. yarns in the warp and 41.5/1 c.c. yarns in the filling. Weighing 37.9 g/m2, this fabric will be imported in 152 centimeter widths. Based on the data developed by the U.S. Customs Laboratory, the average yarn number for this fabric has been calculated to be 60 in the metric system. Your correspondence indicates that this product will be used as a backing for plastic wall panels.

The applicable subheading for the unbleached plain woven fabric will be 5210.11.6090, 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, cheesecloth. The duty rate will be 10.2 percent ad valorem.

This unbleached plain woven fabric falls within textile category designation 226. Based upon international textile trade agreements, products of Pakistan are subject to visa requirements and quota restraints.

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