CLA-2-52:RR:NC:TA:352 D81408
Mr. David Hall
Expeditors International of Washington, Inc.
906 Commerce Circle
Hanahan, SC 29496
RE: The tariff classification of 100% cotton unbleached woven
fabric from Pakistan.
Dear Mr. Hall:
In your letter dated August 13, 1998, on behalf of your client
Spring Industries, you requested a classification ruling.
The submitted sample is an unbleached 100% cotton fabric which
has been woven as a plain weave except that each group of two
filling yarns are woven as one. It contains 47.2 single yarns per
centimeter in the warp and 47.2 single yarns per centimeter in the
filling. This fabric has been constructed using 40 c.c. yarns in
the warp and 50 c.c. yarns in the filling. Weighing 125 g/m2, this
product will be imported in 288 centimeter widths. Based on the
data you provided, the average yarn number for this fabric has been
calculated to be 75 in the metric system.
Your correspondence suggests that you believe that this fabric
should be classified as an oxford cloth in subheading 5208.19.6020,
HTS. This is not possible. Statistical Note 1(g) to chapter 52
states:
The term "oxford cloth" means fabrics weighing not more
than 200 g/m2, whether or not napped , woven as a plain
weave except that two or more warp ends are woven as one
(taped warp). Oxford cloth is not classified as a plain
weave fabric.
Since the fabric before us for consideration does not have a taped
warp, it fails to meet the definition for oxford cloth.
In addition, since the average yarn number for this fabric has
been calculated to be 75 in the metric system classification in
subheading 5208.19.60 is precluded since that subheading requires
the fabric to have a number between 43 and 68. It is clear that
classification in the contemplated subheading is not consistent
with the metric number requirement for that subheading.
The applicable subheading for the unbleached cotton woven
fabric will be 5208.19.8090, 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, unbleached, other, of number 69 or higher
number. The duty rate will be 11.6 percent ad valorem.
This fabric falls within textile category designation 220.
Based upon international textile trade agreements products of
Pakistan 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,
Robert B. Swierupski
Director,
National Commodity
Specialist Division