CLA-2-52:S:N:N6:352 894689

Mr. Vito A. Pipitone
John F. Kilroy Co., Inc.
One World Trade Center, Suite 1569
New York, NY 10048

RE: The tariff classification of woven fabric from China.

Dear Mr. Pipitone:

In your letter dated February 10, 1994, on behalf of your client Ametex Fabrics Inc., you requested a classification ruling.

The submitted sample is composed of 100% cotton and it has been printed. This product is woven as a plain weave except, that two warp yarns are woven as one (taped warp). It contains 34.6 single yarns per centimeter in the warp and 10.2 single yarns per centimeter in the filling. The fabric weighs 254.39 g/m2 and it will be imported in 137 centimeter widths. The average yarn number has been calculated to be 17 in the metric system. We are returning the sample as requested in your letter of inquiry.

The applicable subheading for the printed cotton woven fabric will be 5209.59.0060, 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 more than 200 g/m2, printed, other fabrics, duck, except plain weave. The duty rate will be 8.9 percent ad valorem.

This fabric falls within textile category designation 219. Based upon international textile trade agreements, products of China are subject to quota restrictions 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