CLA-2-52:S:N:N6:352 885706
Mr. Ted R. Booth
The All Together Diaper Co.
650 East Wilmington Ave.
Salt Lake City, UT 84106
RE: The tariff classification of 100% cotton birds-eye woven
diaper fabric from China.
Dear Mr. Booth:
In your letter dated April 29, 1993 you requested a
classification ruling.
The submitted sample is a bleached birds-eye woven fabric
composed of 100% cotton. Laboratory analysis indicates that it
contains 26 single yarns per centimeter in the warp and 19 single
yarns per centimeter in the filling. Weighing 115.9 g/m2, this
fabric will be imported in 76 centimeter widths. Based on the
data developed by the Customs Laboratory, the average yarn number
for this fabric has been calculated to be 38 in the metric
system.
The applicable subheading for the birds-eye woven fabric
will be 5208.29.4090, 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, other fabrics, other, of number 42
or lower number, other. The duty rate will be 8.4 percent ad
valorem.
This woven fabric falls within textile category designation
220. Based upon international textile trade agreements, products
of China are subject to both 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