CLA-2-52:RR:NC:TA:352 F84237

Mr. John Edmondson
MedSystems International
2362 James Drive
Pittsburgh, PA 15237

RE: The tariff classification of two cotton/polyester blend plain woven fabrics from Pakistan.

Dear Mr. Edmondson:

In your letter dated March 9, 2000 you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style Msi Spectra, is a bleached plain woven fabric composed of 88.8% cotton and 11.2% staple polyester. Laboratory analysis indicates that it contains 18.9 single yarns per centimeter in the warp and 26.8 single yarns per centimeter in the filling. This product is constructed using 22/1 c.c. yarns in the warp and 10/2 c.c. yarns in the filling. Weighing 207.3 g/m2, this item will be imported in either 94 or 188 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 22 in the metric system.

Laboratory analysis indicates that Style Msi Ibex is a bleached plain woven fabric composed of 81.5% cotton and 18.5% staple polyester. It contains 19.7 single yarns per centimeter in the warp and 19.7 single yarns per centimeter in the filling. Your correspondence states that this product is manufactured using 16.64/1 c.c. yarns in the warp and 10.77/2 c.c. yarns in the filling. Weighing 192.8 g/m2, this item will be imported in widths exceeding 30 centimeters. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 20 in the metric system.

The applicable subheading for the fabric designated as style Msi Spectra will be 5209.21.0090, 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 more than 200 g/m2, bleached, plain weave, plain weave duck. The duty rate will be 7.7 percent ad valorem.

The applicable subheading for the woven fabric designated as style Msi Ibex will be 5210.21.4090, 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,bleached, plain weave, of number 42 or lower number, cheesecloth. The duty rate will be 8.7 percent ad valorem.

Style Msi Spectra falls within textile category designation 219. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

Style Msi Ibex falls within textile category designation 226. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division