NY 857047
OCT 25 1990
CLA-2-52:S:N:N3H:352 857047
Mr. Michael Caldera
H. Z. Bernstein Co., Inc.
One World Trade Center
Suite 1973
New York, N.Y. 10048
RE: The tariff classification of 100% cotton fabric from India.
Dear Mr. Caldera:
In your letter dated October 11, 1990, on behalf of your
client Westwood Inc., you requested a classification ruling.
The submitted sample is a 100% cotton printed fabric. This
product is plain woven and is constructed using 40/1 c.c. yarns
in both the warp and the filling. It contains 34.6 single yarns
per centimeter in the warp and 31.5 single yarns per centimeter
in the filling. It is presumed that the merchandise is woven
with carded yarns. This fabric weighs 127 g/m2 and the average
yarn number is 52 in the metric system.
You are incorrect in your belief that this fabric is
classifiable in subheading 5208.32.4020 with category designation
314. Since this merchandise is not dyed, but printed and is of
square construction, this classification would not apply.
The applicable subheading for the woven printed fabric will
be 5208.52.4060, 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 number 43 to 68, printcloth. The duty rate will be 11.4
percent ad valorem.
This fabric falls within textile category designation 315.
Based upon international textile trade agreements, products of
India are subject to quota restrictions 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