NY 857076
OCT 31 1990
CLA-2-52:S:N:N3H:352 857076
Ms. Ann Y. Goldman
Laotian Handcraft Center
1578 Solano Ave.
Berkeley, CA 94707
RE: The tariff classification of plain woven cotton fabric to be
used in various Laotian religious ceremonies. The fabric is
produced in Thailand.
Dear Ms. Goldman:
In your letter dated September 19, 1990, received in this
office on October 12, 1990, you requested a classification
ruling.
The submitted sample is a greige, 100% cotton, plain woven,
hand-loomed fabric. Examination of the fabric reveals that it
contains 11.4 single yarns per centimeter in the warp and 7.9
single yarns per centimeter in the filling. Weighing 214.8 g/m2,
this product will be imported in 61 centimeter widths. Based on
the data developed in laboratory analysis, the average yarn
number for this fabric has been calculated to be 8 in the metric
system. You have also inquired about the identical fabric when
it is dyed a single uniform color.
Your inquiry suggests that this item may be classified as a
made up article instead of as fabric in the piece. This is not
correct. Note 7 Section XI of the Harmonized Tariff Schedules of
the United States in part that:
For the purposes of this section, the
expression "made up" means:
(a) Cut otherwise than into squares or
rectangles
(b) Produced in the finished state, ready for
use...without sewing or other working..
The product that you intend to import is cut into a rectangle
and, therefore, does not qualify as "made up". In addition, the
Explanatory Notes to the Harmonized Commodity Description and
Coding System, which constitute the official interpretation of
the Harmonized System at the international level, states that
goods which are rectangular in shape and have been cut out of
larger pieces without further working and not incorporating
fringes are not considered "produced in the finished state"
within the meaning of Note 7 to Section XI. It is therefore
clear that this product is not considered "made up" and remains
classifiable as fabric in the piece.
The applicable subheading for the greige plain woven cotton
fabric will be 5209.11.0030, 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, unbleached, plain weave, sheeting, not napped.
The duty rate will be 6.5 percent ad valorem.
If the dyed fabric you intend to import is made on a hand
loom (i.e., a nonpower-driven loom) by a cottage industry and
which prior to exportation has been certified by an official of a
government agency of Thailand to have been so made, then this
fabric would qualify as a "certified hand-loomed fabric". The
applicable subheading for the "certified hand-loomed" dyed plain
woven cotton fabric will be 5209.31.3000, HTS, which provides for
woven fabrics of cotton, containing 85 percent or more by weight
of cotton, weighing more than 200 g/m2, dyed, plain weave ,
certified hand-loomed fabrics. The duty rate will be 6 percent
ad valorem.
If the dyed fabric does not qualify as a "certified hand-
loomed fabric", then the applicable subheading for the dyed plain
woven cotton fabric will be 5209.31.6030, HTS, which provides for
woven fabrics of cotton, containing 85 percent or more by weight
of cotton, weighing more than 200 g/m2, dyed, plain weave ,
other, sheeting, not napped. The duty rate will be 8.9 percent
ad valorem.
The greige cotton fabric falls within textile category
designation 313. Based upon international textile trade
agreements, products of Thailand are subject to both visa
requirements and quota restraints.
The dyed cotton woven fabric which does not qualify as
"certified hand-loomed fabric" falls within textile category
designation 313. Based upon international textile trade
agreements, products of Thailand are subject to both quota
restraints and visa requirements. If the dyed fabric qualifies
as "certified hand-loomed fabric", it is not subject to quota
restraints or visa requirements at the present time.
We have not addressed your request for a ruling on the Mien
turban since we do not have sufficient information to render a
decision. If you wish to have a ruling on this item, you must
submit a sample of this item in the condition as imported.
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