NY 856563

OCT 09 1990


CLA-2-52:S:N:N3H:352 856563

Mr. Thomas Pelant
Smart Market, Inc.
845 Park Place Office Center
5775 Wayzata Blvd.
Minneapolis, MN 55416

RE: The tariff classification of 100% cotton woven fabric from China.

Dear Mr. Pelant:

In your letter received in our office September 26, 1990, you requested a classification ruling.

The sample submitted, identified as indigo blue denim, is a yarn dyed, 3x1 twill woven fabric. Based on the information provided, this merchandise is composed of 100% cotton. It is constructed using 72 single yarns per inch in the warp and 46 single yarns per inch in the filling. It weighs 344 g/m2 and will be imported in 152 centimeter widths. Your letter indicates that you intend to import approximately 180,000 yards per month.

The applicable subheading for the 3x1 twill woven fabric will be 5209.42.0020, 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, of yarns of different colors, blue denim, weighing not more than 360 g/m2. The duty rate will be 8.9 percent ad valorem.

This woven falls within textile category designation 225. Based upon international textile trade agreements, products of China are subject to visa requirements and quota restraints. 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