CLA-2:CO:R:C:T 956493 PR
Mr. Shashi D. Patel, Vice President
Venus Textiles, Inc.
P.O. Box 1700
Huntington Beach, CA 92647-1700
RE: Classification of Cotton Fabric
Dear Mr. Patel:
This is in reply to your letter of May 24, 1994, concerning
the classification of fabric produced in India. Our ruling on
the matter follows.
FACTS:
A sample of the merchandise was submitted. It is a bleached
white cotton woven fabric with 26.8 single yarns per centimeter
in the warp and 15.7 single yarns per centimeter in the filling.
The fabric is woven with a basket weave--the warp ends and
filling picks consist of two yarns woven as one. It weighs 372.5
grams per square meter and will be imported in 150 centimeter
widths. The average metric yarn number for this fabric is 11.
ISSUE:
The issue presented is how is this basket woven fabric
classified.
LAW AND ANALYSIS:
Imported goods are classifiable according to the General
Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule
of the United States (HTSUSA). GRI 1 provides that for legal
purposes, classification shall be determined according to the
terms of the headings in the tariff and according to any
pertinent section or chapter notes. It appears that GRI 1
governs the classification of the subject merchandise.
-2-
Since the fabric is woven with a basket weave, it is not
considered to be plain woven. Nor does it fall within the class
of fabrics known as twills, satin weaves, duck, poplin, or
broadcloth. Accordingly, It is classified under a provision for
other woven fabrics containing 85 percent or more by weight of
cotton, weighing more than 200 grams per square meter, in
subheading 5209.29.0090, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA).
HOLDING:
Fabric, as represented by the submitted sample, is
classifiable under the provision for other woven fabrics
containing 85 percent or more by weight of cotton, weighing more
than 200 grams per square meter, in subheading 5209.29.0090,
HTSUSA, and dutiable, as a product of India, at the rate of 7.7
percent ad valorem. The textile restraint category applicable to
products classifiable in subheading 5209.29.0090 is 220.
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