NY 864490
July 17 1991
CLA-2-52:S:N:N3H:352 864490
TARIFF NO: 5209.49.0090; 5211.49.0090
Mr. Gilbert T. Lee
World Wide Looms Ltd.
150 East 55th Street
New York, NY 10022
RE: The tariff classification of 100% cotton and
cotton/polyester woven fabric from Hong Kong.
Dear Mr. Lee:
In your letter dated June 19, 1991, you requested a tariff
classification ruling.
You have submitted two samples of woven fabric identified as
cotton canvas backing. Information provided indicates that
sample no. 1 is composed of 100% cotton. The merchandise is
constructed using 12/3 c.c. yarns in both the warp and the
filling. This product is composed of yarns of different colors
and contains 10.2 warp ends per centimeter and 10.2 filling picks
per centimeter. The fabric weighs 328 g/m2 and is woven with a 2
x 2 basket weave. It will be imported in 604.5 centimeter
widths. The average yarn number is calculated to be 18 in the
metric system.
Sample no. 2 is composed of 82.5% cotton and 17.5% staple
polyester. It is manufactured with 100% cotton yarns in the
filling and 65% cotton and 35% staple polyester yarns in the
warp. It is constructed using 12/3 c.c yarns in both the warp
and the filling. The merchandise is composed of yarns of
different colors and contains 10.2 filling picks per centimeter
and 10.2 warp ends per centimeter. This fabric weighs 328 g/m2,
and is woven with a 2 x 2 basket weave. It will be imported in
604.5 centimeter widths. The average yarn number is calculated
to be 18 in the metric system. The principal use of both samples
will be as a component of carpeting. This merchandise will be
used as primary carpet backing and forms the base into which the
carpet pile is tufted.
The applicable subheading for sample no. 1, 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 rate of
duty will be 8.9 percent ad valorem.
The applicable subheading for sample no. 2, will be 5211.49.0090,
HTS, which provides for woven fabrics of cotton, containing less than
85 percent by weight of cotton, mixed mainly or solely with man-made
fibers, weighing more than 200 g/m2, of yarns of different colors,
other, other. The rate of duty will be 9.7 percent ad valorem.
Both of the samples fall within textile category designation 218.
Based upon international textile trade agreements, products of Hong
Kong are subject to visa 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