NY 861275
APR 24 1991
CLA-2-52:S:N:N3H:352 861275
TARIFF NO: 5208.42.1000; 5513.39.0090; 5515.19.0005
Mr. Pete Heimlich
Global Village Imports
1101 SW Washington #140
Portland, OR 97205-2313
RE: The tariff classification of hand-loomed fabrics from
Thailand.
Dear Mr. Heimlich:
In your letter dated February 11, 1991, resubmitted on March
11, 1991, you requested a tariff classification ruling.
You submitted three samples of hand-loomed fabrics
identified as items A, B & C. Based on the information provided
and laboratory analysis, sample A is composed of 100% cotton, and
is constructed of yarns of different colors. It contains 16.5
single yarns per centimeter in the warp and 17.5 single yarns per
centimeter in the filling. This merchandise is plain woven and
weighs 170.3 g/m2. The average yarn number is calculated to be
20 in the metric system.
Sample B is a hand-loomed fabric that is constructed with
yarns of different colors. It is composed of 24.4% cotton, 33.1%
staple acrylic, 29.4% staple polyester and 13.1% staple rayon.
This product contains 37.8 single yarns per centimeter in the
warp and 39.4 single yarns per centimeter in the filling. It is
woven with a complex weave and weighs 141.5 g/m2. The average
yarn number is calculated to be 54 in the metric system.
Sample C is a hand-loomed, yarn dyed fabric composed of
15.1% cotton, 36.4% staple polyester, 17% staple rayon and 31.5%
silk. This fabric is woven with a complex weave and weighs 164.5
g/m2. It contains 37.8 single yarns per centimeter in the warp
and 36.8 single yarns per centimeter in the filling. The average
yarn number is calculated to be 45 in the metric system.
The applicable subheading for the hand-loomed fabric
identified as sample A, will be 5208.42.1000, 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 not more than 200 g/m2, of yarns of different
colors, plain weave, weighing more than 100 g/m2, certified hand-
loomed fabrics. The rate of duty will be 6 percent ad valorem.
Classification of Item A in subheading 5208.42.1000, HTS, is
predicated on certification, prior to export, by an official of a
government agency of the country where the fabric is produced,
that the fabric is made on a hand loom by a cottage industry.
The applicable subheading for the hand-loomed fabric
identified as sample B, will be 5513.39.0090, HTS, which provides
for woven fabrics of synthetic staple fibers, containing less
than 85 percent by weight of such fibers, mixed mainly or solely
with cotton, of a weight not exceeding 170 g/m2, of yarns of
different colors, other woven fabrics, other. The rate of duty
will be 17 percent ad valorem.
The applicable subheading for the hand-loomed fabric
identified as sample C, will be 5515.19.0005, HTS, which provides
for other woven fabrics of synthetic staple fibers, of polyester
staple fibers, other, of yarns of different colors, except blue
denim or jacquard weave. The rate of duty will be 17 percent ad
valorem.
The hand-loomed samples, designated as items B & C, fall
within textile category designation 218. Based upon
international textile trade agreements, products of Thailand are
subject to visa requirements.
The U. S. has negotiated a Committee for the Implementation
of Textile Agreements (CITA) folklore agreement with Thailand.
Shipments of hand-loomed fabric and traditional folklore products
of cottage industry are exempt from quota and visa requirements
if they are a product of a country with which the U. S. has both
a bilateral and a visa agreement which specifically exempts such
products, provided the foreign government has issued a proper and
correct exempt certification. These agreements only waive the
quota and visa requirements. This office is not authorized to
rule on the exempt status of merchandise which may be subject to
these agreements. If you wish a ruling on the exempt status of
items B & C, you may write to:
The United States Customs Service
Office of Trade Operations
Textiles and Metals Branch
1301 Constitution Ave., NW
Washington, D.C. 20229
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