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NY 802743

November 16, 1994

CLA-2-52:S:N:N6:352 802743


TARIFF NO.: 5209.11.0030

Mr. Neil Dolinger
Primus, Inc.
10 Strawberry Street
Philadelphia,, PA 19106

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

Dear Mr. Dolinger:

In your letter dated September 27, 1994 you requested a classification ruling.

Laboratory analysis of the submitted sample indicates that this product is a plain woven greige fabric composed of 95.8 percent cotton and 4.2 percent staple polyester. It contains 15.7 single yarns per centimeter in the warp and 11.0 single yarns per centimeter in the filling. Weighing 200.2 g/m2, this fabric will be imported in 183 centimeter widths. Based on the data developed by the Customs' laboratory, the average yarn number for this item has been calculated to be 13 in the metric system. Your correspondence indicates that the fabric will be used in the insulation industry.

The applicable subheading for the greige plain woven fabric will be 5209.11.0030, 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, unbleached, plain weave, sheeting, not napped. The duty rate will be 6.5 percent ad valorem.

This fabric falls within textile category designation 313. 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 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.


Jean F. Maguire
Area Director
New York Seaport

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