NY 858989
JAN 08 1991
CLA-2-52:S:N:N3H:352 858989
Ms. Heidi M. Longley
Fabri-Centers of America, Inc.
5555 Darrow Road
Hudson, OH 44236
RE: The tariff classification of cotton woven fabrics from
India.
Dear Ms. Longley:
In your letter dated December 14, 1990, you requested a
classification ruling.
You submitted five samples of 100% cotton fabric that are
plain woven. Based on the information provided, three of these
samples are hand-loomed fabrics and two are made on power looms.
Although you have not stated it, we assume the yarns of these
fabrics are carded.
Sample no. 1, style #MBT 1078D, is identified as "Dusty
Palm". Sample no. 2, style #MBT 1078C, is identified as "Aqua
Palm". Sample no. 3, style #BT 1000, is identified as "Jade
Geometric". All of these hand-loomed fabrics were constructed
using 40/1 c.c. yarns in both the warp and the filling. This
merchandise is plain woven and contains 28 single yarns per
centimeter in the warp and 26 single yarns per centimeter in the
filling. These fabrics are yarn dyed madras plaid that have been
overprinted with a complex design. Each product weighs 92.5
g/m2, and the average yarn number is calculated to be 58 in the
metric system. The fabrics will be imported in 111 centimeter
widths.
Sample no. 4, style #PBT 114, is identified as "Crackle
Stripe". Sample no. 5, style #PBT 101, is identified as "Navy
Splatter". These power loom fabrics were constructed using 40/1
c.c. yarns in both the warp and in the filling. This merchandise
is plain woven and contains 28 single yarns per centimeter in the
warp and 26 single yarns per centimeter in the filling. These
fabrics are handpainted with dyes and then overprinted. Both
products weigh 92.5 g/m2, and the average yarn number is
calculated to be 58 in the metric system. The fabrics will be
imported in 111 centimeter widths.
The applicable subheading for the woven fabrics identified
as sample nos. 1, 2 & 3 will be 5208.51.2000, 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 not more than 100 g/m2, certified hand-loomed fabrics.
The duty rate will be 6 percent ad valorem. This classification
is predicated on this merchandise having been woven on a hand-
loom by a cottage industry and prior to exportation having been
certified by an official of a government agency of the country
where the products were produced to have been so made. These
goods would qualify as "certified hand-loomed fabrics".
The applicable subheading for the woven fabrics identified
as sample nos. 4 & 5 will be 5208.51.6060, 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 not more than 100 g/m2, other, of number 43 to
68, printcloth. The duty rate will be 11.4 percent ad valorem.
Your letter indicated there were six samples. However, for
the fabric identified as " Multi Fish", there was no sample or
information provided to support classification of this
merchandise.
Sample nos. 4 & 5 fall within textile category designation
315. 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