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NY I84083

July 12, 2002

CLA-2-52:RR:NC:TA:352 I84083


TARIFF NO.: 5208.21.6090

Mr. Hobart Mak
Cabtronic Technology Ltd.
New Trade Plaza, Room 707, Block A
No. 6 On Ping Street
Shatin, Hong Kong

RE: The tariff classification of three 100% cotton bleached plain woven fabrics cut to rectangular shape and folded from China.

Dear Mr. Mak:

In your letter dated June 10, 2002 and resubmitted on July 11, 2002 you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. Each sample is identical in fiber content and construction and varies only in the size to which they have been cut. Each of the fabrics, designated by you as “polishing cloths”, is a bleached plain woven fabric composed of 100% cotton. Your correspondence states that they contain 8 single yarns per centimeter in the warp and 9 single yarns per centimeter in the filling. Weighing 21 g/m2, these fabrics will be imported in 90 centimeter widths. Based on the data provided, the average yarn number for each of these products has been calculated to be 80 in the metric system. The three samples vary only in the lengths to which they have been cut. The samples submitted have been cut to 138, 185 and 371 centimeter lengths. In addition, each of the samples has been folded numerous times. These products have not been hemmed or processed in any way beyond the fabric stage and are not considered made up articles and consequently remain classifiable as woven fabric. Your letter indicates that these product will be marketed as polishing cloths.

The applicable subheading for the three bleached plain woven fabrics will be 5208.21.6090, 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,, bleached, plain weave, weighing not more than 100 g/m2, of number 69 or higher number, cheesecloth, lawns, voiles or batistes. The duty rate will be 11.9 percent ad valorem.

All three products fall within textile category designation 226. 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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