CLA-2-52:RR:NC:TA:352 H81295

Mr. P. F. Wegener
M.G. Maher & Company, Inc.
One Canal Place, Suite 1600
New Orleans, LA 70130

RE: The tariff classification of a greige 100% cotton taped warp woven fabric from India.

Dear Mr. Wegener:

In your letter dated May 16, 2001, on behalf of your client BMT Commodity Corp., you requested a classification ruling.

The submitted sample, designated as “Cotton Canvas Duck”, is a greige 100% cotton woven fabric. It is plain woven except that each group of two warp ends is woven as one (taped warp). This product contains 29.9 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. It is manufactured using 10/1 c.c. yarns in the warp and 6/1 c.c. yarns in the filling. Weighing approximately 339 g/m2, this fabric will be imported in 152 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 12 in the metric system.

The applicable subheading for the greige cotton woven fabric will be 5209.19.0060, 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 more than 200 g/m2, unbleached, other fabrics, duck, except plain weave. The duty rate will be 6.5 percent ad valorem.

This fabric falls within textile category designation 219. Based upon international textile trade agreements products of India 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.

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