CLA-2-52:S:N:N6:352 884945
Mr. Patrick D. Gill
Rode & Qualey
Attorney at Law
295 Madison Avenue
New York, NY 10017
RE: The tariff classification of woven fabric from India and Malaysia.
Dear Mr. Gill:
In your letter dated April 9, 1993, on behalf of your client Capital
Mercury Shirt Corp., you requested a tariff classification ruling.
You have submitted three samples of woven fabric identified as nos. 1
through 3. Sample no. 1 is composed of 100% bleached cotton. The fabric is
woven as a plain weave except that two warp yarns are woven as one (taped
warp). It is constructed using 80/2 c.c. yarns in the warp and 80/2 c.c.
yarns in the filling. This fabric contains 126 single yarns per centimeter
in the warp and 48.8 single yarns per centimeter in the filling. The
merchandise weighs 140 g/m2 and the average yarn number has been calculated
to be 124 in the metric system.
Sample no. 2 is composed of 55% cotton and 45% staple polyester. Your
correspondence states that the merchandise is bleached. The fabric contains
43.3 single yarns per centimeter in the warp and 29.9 single yarns per
centimeter in the filling. It is constructed using 45/1 c.c. yarns in both
the warp and filling. The fabric is plain woven and weighs 102.9 g/m2. The
average yarn number has been calculated to be 71 in the metric system.
Sample no. 3 is composed of 65% staple polyester and 35% cotton. It
contains 43.3 single yarns per centimeter in the warp and 29.9 single yarns
per centimeter in the filling. It is constructed using 45/1 c.c. yarns in
both the warp and filling. This plain woven fabric weighs 105.2 g/m2 and it
has been dyed a single uniform color. The average yarn number has been
calculated to be 69 in the metric system.
The applicable subheading for sample no. 1, will be 5208.29.8020,
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, bleached, other fabrics, other, of number
69 or higher number, oxford cloth. The rate of duty will be 13.5 percent ad
valorem.
The applicable subheading for sample no. 2, will be 5210.21.8020, 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, bleached, plain weave, of number 69 or higher number,
poplin or broadcloth. The rate of duty will be 14.7 percent ad valorem.
The applicable subheading for sample no 3, will be 5513.21.0020, 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, dyed, poplin or broadcloth. The
rate of duty will be 17 percent ad valorem.
Sample no. 1 falls within textile category designation 227. Based upon
international textile trade agreements, products of India are subject to
quota restraints and visa requirements.
Sample no. 2 falls within textile category designation 314. Based upon
international textile trade agreements, products of Malaysia are subject to
quota restraints and visa requirements.
Sample no. 3 falls within textile category designation 614. Based upon
international textile trade agreements, products of Malaysia 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