NY 858539
DEC 12 1990
CLA-2-52:S:N:N3H:352 858539
Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C.
Sixty-seven Broad Street
New York, New York 10004
RE: The tariff classification of 100% cotton twill woven fabric
from Hong Kong.
Dear Ms. Cumins:
In your letter dated December 4, 1990, on behalf of your
client H. Cotler Co., Inc., you requested a classification
ruling.
The submitted sample, identified as style No. 011-09, is a
100% cotton, 4-thread twill woven fabric. It contains 28 single
threads per centimeter in the warp and 17 single threads per
centimeter in the filling. The fabric is constructed using 10/1
c.c. threads in the warp and 7/1 c.c. yarns in the filling. The
warp yarns are dyed blue while the filling yarns are neither
bleached nor dyed. The fabric is woven with a 2/2 cross twill.
Weighing 350 g/m2, it will be imported in 125 centimeter widths.
Your letter suggests that you believe that this fabric is
classifiable as blue denim in subheading 5209.42.0020, Harmonized
Tariff Schedules of the United States (HTS). Note 1 to Chapter
52 states:
For the purposes of subheading 5209.42 and
5211.42, the expression "blue denim" means
fabric of 3-thread or 4-thread twill,
including broken twill, warp faced, the warp
yarns of which are dyed blue and the weft
yarns of which are unbleached, bleached, dyed
grey or colored a lighter shade of blue than
that of the warp yarns.
Since style No. 011-09 is woven with a 2/2 twill, it has an equal
proportion of warp yarns and weft yarns on its face and,
therefore, is not considered to be warp faced. In view of this,
this fabric cannot be classified as "blue denim" since it fails
to meet the definition in Note 1 to Chapter 52.
The applicable subheading for the fabric designated as style
No. 011-09 will be 5209.43.0020, 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 of 3-thread or 4-thread twill, including
cross twill, not napped. The duty rate will be 8.9 percent ad
valorem.
The twill woven fabric falls within textile category
designation 218. Based upon international textile trade
agreements, products of Hong Kong are subject to export license
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