CLA-2-52:S:N:N6:352 880714
Mr. John H. Qualey
Rogers & Brown Customs Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160
RE: The tariff classification of 100% cotton twill woven fabric
from Pakistan.
Dear Mr. Qualey:
In your letter dated November 18, 1992, on behalf of your
client McDowell Industries Inc., you requested a classification
ruling.
The submitted sample is a 3X1 twill woven fabric composed of
100% cotton. It contains 26.8 single yarns per centimeter in the
warp and 15.5 single yarns per centimeter in the filling. The
fabric is constructed using 10/1 c.c. yarns in the warp and 8/1
c.c. yarns in the filling. The filling yarns of this fabric have
been bleached while the warp yarns have been dyed blue with a
fugitive dye. Weighing approximately 342.5 g/m2, this product
will be imported in 150 centimeter widths.
Subheading Note 1 (d) to Section XI of the Harmonized Tariff
Schedules of the United States (HTS) states in part that a
colored (dyed or printed) yarn is defined as:
yarn which:
(i) Is dyed (whether or not in the mass) other
than white or in a fugitive color, or
printed, or made of dyed or printed fibers;
(our emphasis).
Since the warp yarns of this fabric have been dyed blue with a
fugitive dye, these yarns would not be considered colored in
accordance with subheading Note 1 (d) to Section XI. Therefore,
this fabric is classifiable as a bleached woven fabric and not as
a woven fabric of yarns of different colors.
The applicable subheading for the twill woven fabric will be
5209.22.0020, HTS, which provides for woven fabrics of cotton,
containing 85 percent or more by weight of cotton, weighing more
than 200 g/m2, bleached, 3-thread or 4-thread twill, including
cross twill, not napped. The duty rate will be 7.7 percent ad
valorem.
This twill woven fabric falls within textile category
designation 317. Based upon international textile trade
agreements, products of Pakistan are subject to both visa
requirements and quota restraints.
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