CLA-2-52:S:N:N3H:352 870777

TARIFF NO: 5208.21.4090

Ms. Joan A. Gall
William A. McGinty, Co.
9950 West Lawrence Avenue
Schiller Park, IL 60176

RE: The tariff classification of 100% cotton cheesecloth from China/India/Turkey and Bulgaria.

Dear Ms. Gall:

In your letter dated January 16, 1992, you requested a tariff classification ruling.

The submitted sample, identified as "cheesecloth", is a bleached plain woven fabric. Based on the information provided, the merchandise is composed of 100% cotton. This fabric contains 11 single yarns per centimeter in the warp and 9.5 single yarns per centimeter in the filling. It is constructed using 38/1 c.c. yarns in the warp and 30/1 c.c. yarns in the filling. The fabric weighs approximately 35 g/m2 and will be imported in 91.44 centimeter widths. The average yarn number is calculated to be 57 in the metric system.

The applicable subheading for the cheesecloth woven fabric will be 5208.21.4090, 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, bleached, plain weave, weighing not more than 100 g/m2, of numbers 43 to 68, cheesecloth. The rate of duty will be 10.2 percent ad valorem. The fabric falls within textile category designation 226. Based upon international textile trade agreements, products of China and India are subject to quota restraints and visa requirements. However, products of Turkey and Bulgaria are not subject to any requirements at this time.

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