CLA-2-63:RR:NC:TA:352 F83029

Mr. John Edmondson
MedSystems International
2362 James Drive
Pittsburgh, PA 15237

RE: The tariff classification of knit bed sheets, terry toweling and bleached plain woven fabric from Pakistan.

Dear Mr. Edmondson:

In your letter dated February 7, 2000 you requested a classification ruling.

Three samples and data on five items accompanied your request for a ruling. The first item for which a sample was supplied is a knitted fitted bed sheet designated as “Duo Air” item SKFM358019. It is constructed using knit fabric weighing approximately 165 g/m2 and is composed of 55% polyester and 45% cotton. Your correspondence indicates that this product will be marketed to hospitals and nursing homes for use as bed sheets. In addition, you request a ruling on an identical bed sheet except that the fiber content on this item will be 55% cotton and 45% polyester.

The second sample is a woven loop pile fabric which you indicate is “Terry Toweling”. This product weighs approximately 339 g/m2 and will be imported in142 centimeter widths. Your letter indicates that this fabric is composed of 100% cotton and will be imported either dyed blue or bleached white.

The third sample, designated as Percale Sheeting, is a bleached plain woven fabric composed of 55% cotton and 45% polyester. It is constructed using 35/1 c.c. yarns in both the warp and filling. This product contains 37.8 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. Weighing 122.1 g/m2, this item will be imported in 168 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 55 in the metric system.

The applicable subheading for the knitted bed sheet composed of 55% polyester and 45% cotton will be 6302.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen, bed linen, knitted or crocheted, other. The duty rate will be 6.6 percent ad valorem.

The applicable subheading for the knitted bed sheet composed of 55% Cotton and 45% polyester will be 6302.10.0008, Harmonized Tariff Schedule of the United States (HTS), which provides for bed linen, table linen, toilet linen and kitchen linen, bed linen, knitted or crocheted, of cotton, sheets. The duty rate will be 6.6 percent ad valorem.

The applicable subheading for both the bleached and dyed terry toweling will be 5802.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for …terry toweling and similar woven terry fabrics, of cotton, other. The duty rate will be 10.1 percent ad valorem.

The applicable subheading for the bleached “Percale Sheeting” fabric will be 5210.21.6060, 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, bleached, plain weave, of numbers 43 to 68, printcloth. The duty rate will be 11.4 percent ad valorem.

The knitted sheet composed of 55% polyester and 45% cotton falls within textile category designation 666 while the knitted sheet composed of 55% cotton and 45% polyester falls in textile category designation 362. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

Both the dyed and bleached terry toweling fabrics fall within textile category designation 224. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

The Percale Sheeting fabric falls within textile category designation 315. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

There is not sufficient information provided for us to render a classification decision on the other two items for which you have sought a ruling. Please provide the following information for these items if you wish a ruling on the items designated in your letter as “Spectra Fabric” and sheeting 74” wide.

Please provide a sample of each item at least 18” X 18” including one selvage.

INFORMATION REQUIREMENTS FOR THE CLASSIFICATION OF WOVEN COTTON FABRICS

1. DESCRIBE FABRIC AND PROVIDE ANY TRADE NAME BY WHICH THE FABRIC IS KNOWN AND PROVIDE STYLE NAME AND NUMBER.

2. SPECIFY EACH COMPONENT MATERIAL BY WEIGHT; IF CONTAINING MAN MADE FIBERS PROVIDE THE GENERIC NAME OF EACH FIBER, ITS RELATIVE WEIGHT AND DISTINGUISH BY WEIGHT BETWEEN FILAMENT AND STAPLE FIBER.

3. INDICATE IF FABRIC IS UNBLEACHED, BLEACHED, DYED, COMPOSED OF YARNS OF DIFFERENT COLORS, OR PRINTED.

4. PROVIDE THE NUMBER OF SINGLE THREADS PER CENTIMETER IN THE WARP AND FILLING.

5. PROVIDE THE WEIGHT OF THE FABRIC IN GRAMS PER METER SQUARED.

6. SPECIFY THE TYPE OF WEAVE, FOR EXAMPLE PLAIN, TWILL, OXFORD, SATEEN ETC.

7. SPECIFY THE TYPE OF MACHINE ON WHICH THE FABRIC IS WOVEN; IF WITH JACQUARD, IF WITH SWIVEL, IF WITH LAPPET, IF WITH DOBBY.

8. PROVIDE YARN SIZE OR SIZES IN BOTH THE WARP AND FILLING. INCLUDE WHETHER YARNS ARE SINGLE OR PLIED

9. STATE WHETHER YARNS ARE COMBED OR CARDED.

10. INDICATE WHETHER FABRIC IS NAPPED OR NOT NAPPED.

11. STATE WIDTH OF FABRIC.

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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division