CLA-2-52:RR:NC:TA:352 D81449

Ms. Eleanore Kelly-Kobayashi
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of cotton/polyester blend plain woven printed fabric from Pakistan.

Dear Ms. Kelly-Kobayashi:

In your letter dated August 17, 1998, on behalf of your client Arlee Home Fashions, you requested a classification ruling.

The submitted sample, designated as style Contessa, is a plain woven fabric which has been printed with a floral motif. Laboratory analysis indicates that this product is composed of 52.6% cotton and 47.4% staple polyester. It contains 26 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. Weighing 127.3 g/m2, this fabric will be imported in 152 centimeter widths. Based on the data developed by the Customs' Laboratory, the average yarn number for this item has been calculated to be 39 in the metric system.

The applicable subheading for the plain woven printed fabric will be 5210.51.4040, Harmonized Tariff Schedule of the United States (HTS), 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, printed, plain weave, of number 42 or lower number, sheeting. The duty rate will be 10.2 percent ad valorem.

This woven fabric falls within textile category designation 313. 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