NY 860154
FEB 26 1991
CLA-2-55:S:N:N3H:352 860154
Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, N.Y. 10004
RE: The tariff classification of twill woven rayon/cotton blend
fabric from Hong Kong.
Dear Ms. Cumins:
In your letter dated February 1, 1991, on behalf of your
client H. Cotler Inc., you requested a classification ruling.
Four samples accompanied your request for a ruling. All of
the samples are identical in composition and construction and
vary only in color. The fabrics are identified as style Range
268 and are differentiated by color designations 47, 26, 09 and
08. The fabrics are composed of a blend of 65% staple rayon and
35% cotton. They contain 42.5 single yarns per centimeter in the
warp and 19.7 single yarns per centimeter in the filling and are
characterized by 3x1 twill weave. Weighing 237 g/m2, these
fabrics will be imported in 110/112 centimeter widths. The
fabrics have been subjected to a dyeing process. The composition
of the yarns has caused the dyes to color the warp and filling
yarns different shades of the same color. The resulting fabrics
would be considered woven fabrics of yarns of different colors
for the purposes of the Harmonized Tariff Schedules of the United
States (HTS).
Your correspondence indicates that the Hong Kong Trade
Department believes that these fabrics should be classified as
dyed woven fabric. This is not correct. Subheading Note 1(h) of
Section XI, HTS, states in part that woven fabrics of yarns of
different colors are:
woven fabric which:
(i) Consists of yarns of different colors or
yarns of different shades of the same color
(other than the natural color of the
constituent fibers);
Since the dyeing process has resulted in the yarns of the warp
and filling being colored different shades of the same color,
these fabrics meet the definition of woven fabrics of yarns of
different colors. Furthermore, Subheading Note 1(g) to Section
XI, HTS, defines dyed woven fabric as:
Woven fabric which:
(i) Is dyed a single uniform color other than
white (unless the context otherwise requires)
or has been treated with a colored finish
other than white (unless the context
otherwise requires), in the piece: or
(ii) Consists of colored yarn of a single
uniform color
Since these fabrics are not dyed a single uniform color but
contain yarns of different shades of the same color, they do not
meet the definition in the HTS for dyed woven fabric. In
summary, these fabrics would all be considered woven fabrics of
yarns of different colors.
The applicable subheading for the four fabrics, identified
as style Range 268, colors 47, 26, 09, and 08, will be
5516.43.0090, HTS, which provides for woven fabrics of artificial
staple fibers, containing less than 85 percent by weight of
artificial staple fibers, mixed mainly or solely with cotton, of
yarns of different colors, other, other. The duty rate will be
17 percent ad valorem.
All the fabrics fall within textile category designation
218. Based upon international textile trade agreements, products
of Hong Kong are subject to export license requirements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
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.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport