CLA-2-52:RR:NC:TA:352 B84367

Mr. Stanley Neisius
Tack Source International, Inc.
P.O. Box 2004
Fullerton, California 92837

RE: The tariff classification of 100% cotton bleached plain woven fabric from China or India.

Dear Mr. Neisius:

In your letter dated April 8, 1997 you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. The sample identified as article #1 is a bleached plain woven fabric composed of 100% cotton. It contains 7.87 single yarns per centimeter in the warp and 4.72 single yarns per centimeter in the filling. Laboratory analysis indicates that this product weighs 15.58 g/m2 and it will be imported in 91 centimeter widths. Based on the data you provided and the result of laboratory analysis, the average yarn number for this fabric has been calculated to be 80 in the metric system.

The sample identified as article #2 is a bleached plain woven fabric composed of 100% cotton. It contains 7.87 single yarns per centimeter in the warp and 6.3 single yarns per centimeter in the filling. Laboratory analysis indicates that this product weighs 22.89 g/m2 and it will be imported in 91 centimeter widths. Based on the data you provided and the result of laboratory analysis, the average yarn number for this fabric has been calculated to be 61 in the metric system.

The sample identified as article #3 is a bleached plain woven fabric composed of 100% cotton. It contains 9.45 single yarns per centimeter in the warp and 7.87 single yarns per centimeter in the filling. Laboratory analysis indicates that this product weighs 27.35 g/m2 and it will be imported in 91 centimeter widths. Based on the data you provided and the result of laboratory analysis, the average yarn number for this fabric has been calculated to be 63 in the metric system.

The applicable subheading for the plain woven fabric designated as article #1 will be 5208.21.6090, 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, plain weave, weighing not more than 100 g/m2, of number 69 or higher number, cheesecloth. The duty rate will be 12.9 percent ad valorem.

The applicable subheading for both the plain woven fabric designated as article #2 and article #3 will be 5208.21.4090, 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, plain weave, weighing not more than 100 g/m2, of numbers 43 to 68, cheesecloth. The duty rate will be 10.2 percent ad valorem.

All three fabrics fall within textile category designation 226. Based upon international textile trade agreements products of China or India are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Alan Tytelman at 212-466-5896.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch
National Commodity
Specialist Division