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NY B88358

September 2, 1997

CLA-2-52:RR:NC:TA:352 B88358


TARIFF NO.: 5208.12.4090

Ms. Lynley J. Bishop
Lynley J. Bishop Customhouse Broker
7240 Cross Park Drive
N. Charleston, SC 29418

RE: The tariff classification of greige 100% cotton plain woven fabric from India.

Dear Ms. Bishop:

In your letter dated August 6, 1997, on behalf of your client Imptex International Corporation, you requested a classification ruling.

The submitted sample is a greige plain woven fabric composed of 100% cotton. It is constructed using 10/1 c.c. yarns in both the warp and filling. Laboratory analysis indicates that this product contains 16 single yarns per centimeter in the warp and 12.2 single yarns per centimeter in the filling. Weighing 195 g/m2, this fabric will be imported in 122 centimeter widths. Based on the data developed by the Customs' laboratory, the average yarn for this item has been calculated to be 14 in the metric system.

The applicable subheading for the greige plain woven fabric will be 5208.12.4090, 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, unbleached, plain weave, weighing more than 100 g/m2, of number 42 or lower number, cheesecloth. The duty rate will be 7 percent ad valorem.

This fabric falls within textile category designation 226. Based upon international textile trade agreements products of India 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. 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.

It should be noted that even small changes in the construction or other physical attributes of this product may result in a change in the classification and textile category designation. Consequently this ruling applies only to products with the identical physical characteristics as the sample submitted.

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 212-466-5896.


Paul K. Schwartz
Chief, Textile and Apparel Branch

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