CLA-2-52:OT:RR:NC:TA:348

Mr. Daniel Kohn
Urban Design, Inc.
620 Franklin Avenue
Baltimore, MD 21221

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

Dear Mr. Kohn:

In your letter dated July 1, 2008, you requested a classification ruling.

The submitted sample is identified as CVC Poplin RS 126. It is a bleached plain woven fabric. The fabric is composed of 55% cotton and 45% filament polyester. It contains 52 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This merchandise weighs 110 g/m2 and will be imported in 147.5 centimeter widths. The average yarn number is 72. Your correspondence indicates that this fabric will be used to produce men’s and ladies’ shirts.

The applicable subheading for this fabric will be 5210.21.8020, Harmonized Tariff Schedule of the United States (HTSUS), 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, bleached, of number 69 or higher, poplin or broadcloth. The duty rate will be 12.5%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This fabric falls within textile category 314. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division