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NY J83990

May 15, 2003

CLA-2-52:RR:NC:TA:352 J83990


TARIFF NO.: 5208.52.3045

Mr. Crispin N. Flores
Crispin N. Flores, CHB
9103 S. Austin Drive
Pharr, TX 78577

RE: The tariff classification of six 100% cotton printed plain woven fabrics from China.

Dear Mr. Flores:

In your letter dated April 29, 2003, on behalf of your client Encompass Group LLC., you requested a classification ruling.

Six samples of woven fabric accompanied your request for a ruling. Designated as styles 42900-2023-NITE, 42900-2022-SSCA, 42900-2097-HHOU, 42900-2098-CKIT, 42900-2073-OCSU, and 42900-2019-FLAM, each of the fabrics is identical in fiber content and construction and vary only in the design that has been printed on them. Each of the fabrics is a printed plain woven fabric composed of 100% cotton. They contain 24.4 single yarns per centimeter in the warp and 22.4 single yarns per centimeter in the filling. Each fabric is manufactured using 20/1 c.c. cotton yarns in both the warp and the filling. Weighing 135.6 g/m2, they will be imported in 145 centimeter widths. Based on the data provided, the average yarn number for each of the fabrics has been calculated to be 34 in the metric system.

The applicable subheading for the six printed plain woven fabrics will be 5208.52.3045, 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, printed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, sheeting, other. The duty rate will be 6.4 percent ad valorem.

All six printed plain woven fabrics fall 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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