CLA-2-55:S:N:N6:352 893209
Mr. Robert C. Miller
John V. Carr & Son Inc.
400 Tradeport Blvd., Suite 408
Atlanta, GA 30354
RE: The tariff classification of cotton and polyester woven
fabric from Japan, Taiwan, India and China.
Dear Mr. Miller:
In your letter dated November 22, 1993, received in this
office on December 8, 1993, on behalf of your client Ezrasons,
Inc., you requested a classification ruling.
You have submitted four samples of woven fabric that are
identified as item nos. 1, 2, 3 & 4. Item no. 1, style CVS
Fancy, is composed of 65% staple polyester and 35% cotton. This
merchandise is constructed using 45/1 c.c. yarns in both the warp
and filling. It contains 35.4 single yarns per centimeter in the
warp and 23.6 single yarns per centimeter in the filling. The
fabric is plain woven with yarns of different colors. It weighs
84.92 g/m2 and will be imported in widths ranging between 111 and
114 centimeters.
Item no. 3, style CVS FNC 60, is composed of 65% staple
polyester and 35% cotton. It is plain woven with yarns of
different colors and weighs 89.82 g/m2. The fabric is
constructed using 45/1 c.c. yarns in both the warp and filling.
This product contains 35.4 single yarns per centimeter in the
warp and 23.6 single yarns per centimeter in the filling. It
will be imported in widths ranging between 149 and 152
centimeters.
Item no. 4, style CVC Fancy, is composed of 55% cotton and
45% staple polyester. This textile product is manufactured with
45/1 c.c. yarns in both the warp and filling. It contains 47.2
single yarns per centimeter in the warp and 27.6 single yarns per
centimeter in the filling. The fabric is plain woven with yarns
of different colors and weighs 102.32 g/m2. It will be imported
in widths ranging between 111 and 114 centimeters. The average
yarn number has been calculated to be 72 in the metric system.
In reference to item no. 2, style CVC FNC 59, we do not have
sufficient information to render a classification at this time.
However, if you would like to have a ruling on this textile
product, the following information is required to determine how
this merchandise would be classified:
(a) weight in grams per square meter for each
construction of the two samples of woven fabric
submitted (90X70) and (100X70)
The applicable subheading for item no. 1, style CVS Fancy
and item no. 3, style CVS FNC 60, will be 5513.31.0000,
Harmonized Tariff Schedule of the United States (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, of polyester staple fibers, plain weave.
The duty rate will be 17 percent ad valorem.
The applicable subheading for item no. 4, style CVC Fancy,
will be 5210.41.8000, HTS, which provides for woven fabrics of
cotton, containing less 85 percent by weight of cotton, mixed
mainly or solely with man-made fibers, weighing not more than 200
g/m2, of yarns of different colors, plain weave, of number 69 or
higher number. The rate of duty will be 15.5 percent ad valorem.
Item no. 1, style CVS Fancy, item no. 3, style CVS FNC 60
and item no. 4, style CVC Fancy fall within textile category
designation 218. Based upon international textile trade
agreements, products of Taiwan, India and China are subject to
quota restrictions and visa requirements, while products from
Japan are subject to visa only.
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