CLA-2-52:RR:NC:TA:352 H82677

Ms. Ellen Kane
Logantex, Inc.
1460 Broadway
New York, NY 10036

RE: The tariff classification of a cotton/polyester blend printed plain woven fabric from China.

Dear Ms. Kane:

In your letter dated June 18, 2001 you requested a classification ruling.

Laboratory analysis of the submitted sample indicates that this product is a printed plain woven fabric composed of 62.8% cotton and 37.2% staple polyester. It contains 41 single yarns per centimeter in the warp and 26.9 single yarns per centimeter in the filling. This fabric is constructed using 45/1 c.c. yarns in both the warp and filling. Weighing 79 g/m2, this item will be imported in 114 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for the fabric has been calculated to be 85 in the metric system

The applicable subheading for the printed plain woven fabric will be 5210.51.8020, 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, printed, plain weave, of number 69 or higher number, poplin or broadcloth. The duty rate will be 15.5 percent ad valorem.

This plain woven fabric falls within textile category designation 314. Based upon international textile trade agreements products of China 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