NY 854745
AUG 03 1990
CLA-2-52:S:N:N3H:352 854745
Mr. Mike Meacham
Serendipity Designs
11301 International Drive
Richmond, Va. 23236
RE: The tariff classification of 100% cotton woven fabric from
India.
Dear Mr. Meacham:
In your letter dated July 18, 1990, you requested a
classification ruling.
The sample submitted is a woven printed fabric composed of 100%
cotton. This product is woven as a plain weave. Our examination of
the fabric indicates that it contains 51.18 single yarns per centimeter
in the warp and 34.65 single yarns per centimeter in the filling. The
fabric weighs 135.96 g/m2. Based on the data developed, the average
yarn number is calculated to be 63 in the metric system. It will be
imported in 121 centimeter widths.
Your correspondence suggests that you believe that textile
category 315 may apply to this merchandise. This textile category
correlates with cotton fabric with a construction consistent with
"printcloth" as that term is defined in the Notes to Chapter 52. This
is not correct. Statistical Note 1(d) of Chapter 52 defines
"printcloth" as a plain weave fabric, weighing not more than 200 g/m2,
of average numbers 43-68, containing more than 33 singles yarns per
square centimeter and not containing multiple or cabled yarns, of
square construction, not combed, whether or not napped. Since the
total count of warp ends per centimeter and the total count of filling
picks per centimeter are not each less than 57 percent of the total
count per square centimeter of such warp ends and filling picks, this
fabric is not of square construction. In view of the fact that this
fabric is not of square construction, it cannot be classified as
printcloth. The construction of this fabric is consistent with the
definition of poplin or broadcloth.
The applicable subheading for the woven printed fabric will be
5208.52.4020, 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, printed,
plain weave, weighing more than 100 g/m2, other, of numbers 43 to 68,
poplin or broadcloth. The duty rate will be 11.4 percent ad valorem.
The woven fabric falls within textile category designation 314.
Based upon international textile trade agreements, products of India
are subject to quota restraints and visa requirements.
The designated textile and apparel category may be subdivided into
parts. If so, visa and quota requirements applicable to the subject
merchandise may be affected. Since 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 Section 177 of
the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be brought
to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport