CLA-2-52:S:N:N3H:352 880312
TARIFF NO: 5208.42.3000
Mr. Sidney Freidin
Sidney Freidin, Inc.
P. O. Box 1029
Laredo, TX 78042
RE: The tariff classification of cotton/polyester woven fabric
from Mexico.
Dear Mr. Freidin:
In your letter dated November 10, 1992, on behalf of your
client Industrias Sobero, S. A., you requested a tariff
classification ruling.
You have submitted a sample of plain woven flannel fabric
that is composed of 85% cotton and 15% filament polyester. The
merchandise is constructed using 150 denier filament yarns in the
warp and 8/1 c.c. yarns in the filling. This product contains
11.8 single yarns per centimeter in the warp and 9.4 single yarns
per centimeter in the filling. The fabric weighs 154 g/m2 and it
will be imported in approximately 101 centimeter widths. It is
woven with yarns of different colors. This textile product has
been brushed on both sides. The average yarn number has been
calculated to be 13 in the metric system.
Your correspondence also states that this merchandise may be
imported as printed fabric. However, this classification ruling
applies only to the submitted sample which is constructed with
yarns of different colors. Without a sample of the printed
fabric it is not possible to render a classification at this
time.
The applicable subheading for the woven flannel fabric will
be 5208.42.3000, 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, of yarns of different colors, plain weave, weighing more
than 100 g/m2, other, of number 42 or lower number. The rate of
duty will be 9.6 ad valorem.
The product falls within textile category designation 218.
Based upon international textile trade agreements, products of
Mexico 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