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NY K85285

April 20, 2004
CLA-2-52:RR:NC:TA:352 K85285


TARIFF NO.: 5209.49.0090

Mr. K.W. Leung
Bosville Ltd. (Hong Kong)
6/F, Union Park Centre
771-775 Nathan Road
Kowloon, Hong Kong

RE: The tariff classification of 100% cotton woven fabric constructed with yarns of different colors from China.

Dear Mr. Leung:

In your letter dated April 7, 2004 you requested a classification ruling.

The submitted sample is a woven fabric composed of 100% cotton. It is constructed using yarns of different colors and contains approximately 39 warp ends per centimeter and 11. 4 filling picks per centimeter. It is characterized by an intricate woven design highlighted by vertical stripes created by using yarns of different colors. Weighing approximately 400 g/m2, this product will be imported in widths exceeding 30 centimeters.

The applicable subheading for the woven fabric will be 5209.49.0090, 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, of yarns of different colors, other fabrics, other. The duty rate will be 8.4 percent ad valorem.

This fabric falls within textile category designation 218. 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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