CLA-2-52:S:N:N6:352 894690

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

RE: The tariff classification of cotton 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.

You have submitted a sample of plain woven fabric that is composed of 100% cotton. It contains 19.6 single yarns per centimeter in the warp and 16.1 single yarns per centimeter in the filling. This fabric is printed and weighs 216.7 g/m2. The average yarn number has been calculated to be 16 in the metric system. This merchandise will be imported in 137 centimeter widths. The sample is being returned to you as requested in your correspondence.

The applicable subheading for the plain woven cotton fabric will be 5209.51.6030, 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, plain weave, other, sheeting, not napped. The duty rate will be 8.9 percent ad valorem.

This fabric falls within textile category designation 313. 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