CLA-2-52:S:N:N3H:352 871866
TARIFF NO: 5210.31.6020; 5210.51.6060
Mr. Joseph E. Cattan
Ezrasons, Inc.
37 West 37th Street
New York, NY 10018-6272
RE: The tariff classification of two samples of cotton/polyester
woven fabric from China.
Dear Mr. Cattan:
In your letter dated February 13, 1992, you requested a
tariff classification ruling.
You have submitted two samples of plain woven fabric.
Information provided indicates that each of these textile
products is constructed using 35/1 c.c. yarns in both the warp
and filling. Laboratory analysis reveals that sample no. 1, the
dyed fabric, is composed of 61.6% cotton and 38.4% staple
polyester. It contains 36 single yarns per centimeter in the
warp and 25 single yarns per centimeter in the filling. The
fabric is dyed a single uniform color and weighs 92.6 g/m2. The
average yarn number is calculated to be 65 in the metric system.
Based on laboratory analysis, sample no. 2, the printed
fabric, is composed of 57.7% cotton and 42.3% staple polyester.
The fabric contains 35 single yarns per centimeter in the warp
and 25 single yarns per centimeter in the filling. We assume
that these yarns are carded. This merchandise is printed and
weighs 101 g/m2. The average yarn number is calculated to be 59
in the metric system.
The applicable subheading for sample no. 1, will be 5210.31.6020,
Harmonized Tariff Schedule of the United States (HTS), which provides
for woven fabrics of cotton, containing less than 85 percent by weight
of cotton, mixed mainly or solely with man-made fibers, weighing not
more than 200 g/m2, dyed, plain weave, of numbers 43 to 68, poplin or
broadcloth. The rate of duty will be 12.2 percent ad valorem.
The applicable subheading for sample no. 2, will be 5210.51.6060,
HTS, which provides for woven fabrics of cotton, containing less than
85 percent by weight of cotton, mixed mainly or solely with man-made
fibers, weighing not more than 200 g/m2, printed, plain weave, of
numbers 43 to 68, printcloth. The rate of duty will be 12.2 percent ad
valorem.
Sample no. 1, identified as dyed woven fabric, falls within
textile category designation 314. Sample no. 2, identified as printed
woven fabric, falls within textile category designation 315. Based
upon international textile trade agreements, both products of China are
subject to quota restraints and 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.
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