CLA-2-52:RR:NC:TA:352 I83170
Mr. Denni Awana
Inter-Orient Services
1455 Monterey Pass Road, Suite 205
Monterey Park, CA 91754
RE: The tariff classification of two cotton/spandex blend dyed woven fabrics from China or Hong Kong.
Dear Mr. Awana:
In your letter dated June 17, 2002, on behalf of your client L.M.J. & Associates, you requested a classification ruling.
Two samples of woven fabric accompanied your request for a ruling. The first, designated as style SPC4 “Stretch Poplin”, is a dyed plain woven fabric composed of 97% cotton and 3% spandex. It contains 52 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This product is constructed using 40/1 c.c. yarns in the warp and core spun yarns characterized by cotton fiber spun around a core of filament spandex in the filling. Weighing 135 g/m2, this fabric will be imported in 129 centimeter widths. Based on the sample and the data provided, the average yarn number for this item has been calculated to be 59 in the metric system.
Style SPCO “Stretch Cross Hatch” is a dyed 2X1 twill woven fabric composed of 98% cotton and 2% spandex. It contains 29 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. This product is constructed using 10/1 c.c. yarns in the warp and core spun yarns characterized by cotton fiber spun around a core of filament spandex. Weighing 303 g/m2, this item will be imported in 135 centimeter widths.
The applicable subheading for the plain woven fabric designated as style SPC4 “Stretch Poplin” will be 5208.32.4020, 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, dyed, plain weave, weighing more than 100 g/m2, other, of number 43 to 68, poplin or broadcloth. The duty rate will be 10 percent ad valorem.
The applicable subheading for the twill woven fabric designated as style SPCO “Stretch Cross Hatch” will be 5209.32.0020, 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 more than 200 g/m2, dyed, 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.5 percent ad valorem.
The plain woven fabric designated as style SPC4 falls within textile category designation 314. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.
The twill woven fabric designated as style SPC0 falls within textile category designation 317. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 646-733-3045.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division