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NY H86852

May 10, 2002

CLA-2-52:RR:NC:TA:352 H86852


TARIFF NO.: 5208.32.3040

Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of dyed 100% cotton plain woven fabric from China.

Dear Ms. O’Shea-Moran:

In your letter dated August 22, 2001 and resubmitted on January 2, 2002 you requested a classification ruling.

The submitted sample, designated as style Feld-FD Flannel Solids, is a dyed plain woven fabric composed of 100% cotton. It is characterized by having been napped on both sides. Laboratory analysis indicates that this product contains 19.9 single yarns per centimeter in the warp and 15.9 single yarns per centimeter in the filling. It has been constructed using 20/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. Weighing 158.5 g/m2, this fabric will be imported in 111 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this item has been calculated to be 23 in the metric system

The applicable subheading for the plain woven fabric will be 5208.32.3040, 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, dyed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, sheeting. The duty rate will be 7.5 percent ad valorem.

This plain woven 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 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 646-733-3045.


Robert B. Swierupski

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