CLA-2-52:RR:NC:TA:352 H84505

Ms. Susan D. Klingbeil
Ikea Wholesale
496 W. Germantown Pike
Plymouth Meeting, PA 19462

RE: The tariff classification of five woven fabrics from Pakistan, Russia and Turkey.

Dear Ms. Klingbeil:

In your letter dated August 13, 2001 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. Style “Eireen Vase” is a plain woven printed fabric composed of 100% cotton. It contains 23 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed using 10/1 c.c. yarns in the warp and 8/1 c.c. yarns in the filling. Weighing approximately 270 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 14 in the metric system.

Style “Eireen Apple” is a plain woven printed fabric composed of 100% cotton. It contains 24 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. This product is constructed using 20/1 c.c. yarns in the warp and 20/1 c.c. yarns in the filling. Weighing approximately 140 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 34 in the metric system.

Style “Gudrun” is a plain woven printed fabric composed of 100% cotton. It contains 39 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This product is constructed using 30/1 c.c. yarns in the warp and 30/1 c.c. yarns in the filling. Weighing approximately 140 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 47 in the metric system.

Style “Gussie” is a printed fabric composed of 100% cotton characterized by having been woven as a plain weave except that each group of two warp ends are woven as one (taped warp). It contains 33 single yarns per centimeter in the warp and 12 single yarns per centimeter in the filling. This product is constructed using 16/1 c.c. yarns in the warp and 4/1 c.c. yarns in the filling. Weighing approximately 315 g/m2, this fabric will be imported in 150 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 14 in the metric system.

The applicable subheading for the fabric designated as style “Eireen Vase” will be 5209.51.6035, 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, printed, plain weave, other, sheeting, not napped, other. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for the fabric designated as style “Eireen Apple” will be 5208.52.3045, 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, printed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, sheeting, other. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the fabric designated as style “Gudrun” will be 5208.52.4020, 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, printed, plain weave, weighing more than 100 g/m2, other, of number 43 to 68, poplin or broadcloth. The duty rate will be 11.4 percent ad valorem.

The applicable subheading for the fabric designated as style “Gussie” will be 5209.59.0060, 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, printed, other fabrics, duck, except plain weave. The duty rate will be 8.6 percent ad valorem.

The fabrics designated as styles “Eireen Vase” and “Eireen Apple” fall within textile category designation 313. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

The fabric designated as style “Gudrun” falls within textile category designation 314. Based upon international textile trade agreements products of Pakistan are subject to quota and the requirement of a visa.

The fabric designated as style “Gussie” falls within textile category designation 219. Based upon international textile trade agreements products of Turkey 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.

We were unable to issue a ruling on style “Aina” since the sample provided did not match the specification sheet provided. The data sheet indicated that the fabric was 100% cotton, however a cursory microscopic examination of the fibers indicated that no cotton was present and the fiber was a bast fiber perhaps ramie and/or linen. In addition, the data sheet indicated the fabric was bleached, however the sample was dyed blue. The data sheet indicated a density of 12X14 yarns per centimeter, however a quick count indicated a density of 15.7 X12.2 yarns per centimeter. Since we are not sure whether you submitted the right sample we have not issued a ruling on this item at this time. If you submit the correct sample or an appropriately modified specification sheet, we will be happy to issue you a ruling at that time.

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