CLA-2-52:S:N:N3H:352 871866

TARIFF NO: 5210.31.6020; 5210.51.6060

Mr. Joseph E. Cattan
Ezrasons, Inc.
37 West 37th Street
New York, NY 10018-6272

RE: The tariff classification of two samples of cotton/polyester woven fabric from China.

Dear Mr. Cattan:

In your letter dated February 13, 1992, you requested a tariff classification ruling.

You have submitted two samples of plain woven fabric. Information provided indicates that each of these textile products is constructed using 35/1 c.c. yarns in both the warp and filling. Laboratory analysis reveals that sample no. 1, the dyed fabric, is composed of 61.6% cotton and 38.4% staple polyester. It contains 36 single yarns per centimeter in the warp and 25 single yarns per centimeter in the filling. The fabric is dyed a single uniform color and weighs 92.6 g/m2. The average yarn number is calculated to be 65 in the metric system.

Based on laboratory analysis, sample no. 2, the printed fabric, is composed of 57.7% cotton and 42.3% staple polyester. The fabric contains 35 single yarns per centimeter in the warp and 25 single yarns per centimeter in the filling. We assume that these yarns are carded. This merchandise is printed and weighs 101 g/m2. The average yarn number is calculated to be 59 in the metric system.

The applicable subheading for sample no. 1, will be 5210.31.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, dyed, plain weave, of numbers 43 to 68, poplin or broadcloth. The rate of duty will be 12.2 percent ad valorem.

The applicable subheading for sample no. 2, will be 5210.51.6060, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, printed, plain weave, of numbers 43 to 68, printcloth. The rate of duty will be 12.2 percent ad valorem.

Sample no. 1, identified as dyed woven fabric, falls within textile category designation 314. Sample no. 2, identified as printed woven fabric, falls within textile category designation 315. Based upon international textile trade agreements, both products of China 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