CLA-2 CO:R:C:G 085170 PR
Ms. Rita M. Merz
Penta International, Inc.
12015 Manchester Rd.
St. Louis, Mo. 63131
RE: Tariff Status of Certain Cotton Fabric
Dear Ms. Merz:
This ruling is in response to your letter of July 19, 1989,
concerning the tariff status of certain cotton fabric.
FACTS:
The submitted sample is a cotton fabric in the gray that is
plain woven except that two warp yarns have been woven as one.
It contains 29 single warp yarns and 11 single filling yarns per
centimeter, and weighs 358.77 grams per square meter. The
average yarn number is 11. The fabric will be produced in Peru
and we assume that it will be imported in widths exceeding 30
centimeters.
ISSUE:
The issue presented is the proper classification of the
fabric and whether it is subject to textile restraints.
LAW AND ANALYSIS:
Chapter 52, Statistical Note 1(h), Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), defines the
term "duck" as fabrics which weigh more than 200 grams per
square meter, with an average yarn number of 26 or less, whether
or not napped, and plain woven or woven with with a plain weave
except that two or more warp ends are woven as one. The
submitted swatch falls within this description and is, therefore,
classifiable as a duck fabric. The fact that two warp yarns are
woven as one precludes its classification as a plain weave
fabric.
HOLDING:
Fabric as represented by the described sample is
classifiable under the provision for other unbleached woven duck
fabrics containing 85 percent or more by weight of cotton, in
Subheading 5209.19.0060, HTSUSA, with duty, as a product of
Peru, at the 1989 rate of 6.5 percent ad valorem. The designated
textile and apparel category for that subheading is 219. As a
product of Peru this merchandise is subject to quantitative
(quota) limits and 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.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importing the merchandise to determine
the current applicability of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division