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NY 800126

October 4, 1994

CLA-2-52:S:N:N6:352 800126


TARIFF NO.: 5209.11.0030

Mr. S. Fattal
S. Fattal Canvas Inc.
200 Edgehill Road
Montreal, Canada H3Y 1E9

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of plain woven fabric woven in Pakistan and processed in Canada.

Dear Mr. Fattal:

In your letter dated May 31, 1994 you requested a ruling on the status of a plain woven fabric which has been woven in Pakistan and processed with flame retardant chemicals in Canada under the NAFTA.

The submitted sample, designated in your correspondence as thermocanvas, is a plain woven fabric composed of 100% cotton. Laboratory analysis indicates that this product contains 17.3 single yarns per centimeter in the warp and 11 single yarns per centimeter in them filling. Weighing 237.5 g/m2, this item will be imported in 152 centimeter widths. Based on the information developed by the Customs laboratory the average yarn number for this fabric has been calculated to be 11 in the metric system. Your correspondence indicates this fabric, which has been woven in Pakistan, is treated with ammonium sulfamate after being imported into Canada. The application of ammonium sulfamate renders the fabric flame resistant and adapts it for its intended use as a insulation wrap on pipes and ducts. You state that the thermocanvas may be slit to 53 centimeter widths or the selvages may be removed before export to the United States.

The Pakistani woven fabric as imported into Canada is a greige plain woven product which is composed of 100% cotton. It is stated to contain 16.5 single yarns per centimeter in the warp and 10.2 single yarns per centimeter in the filling. The fabric is constructed using 12/1 c.c. yarns in the warp and 8/1 c.c. yarns in the filling. Weighing 186.5 g/m2, it will be imported into Canada in 150 centimeter widths. Based on the data provided, the average yarn number for this product has been calculated to be 14 in the metric system.

The Pakistani fabric, a non-originating material, is classifiable in subheading 5208.12 of the Harmonized Code while the processing in Canada transforms the product into a fabric classifiable in subheading 5209.11 of the Harmonized Code. The flame retardant woven thermocanvas does not qualify for preferential treatment under the NAFTA because the non-originating Pakistani greige woven fabric used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/52.2, HTSUSA.

The applicable tariff provision for the thermocanvas whether with selvages removed or slit to 53 centimeter widths will be 5209.11.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, unbleached, plain weave, sheeting, not napped. The general rate of duty will be 6.5 percent ad valorem.

This product falls within textile category designation 313. Based upon international textile trade agreements products of Pakistan are subject to both quota restraints and visa requirements.

Since quota and visa restrictions 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 Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.


Jean F. Maguire
Area Director

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