CLA-2-52:RR:NC:TA:352 I83230
Mr. Denni Awana
Inter-orient Services
1455 Monterey Pass Road, Suite 205
Monterey Park, CA 91754
RE: The tariff classification of three cotton/man-made fiber blend woven fabric of yarns of different colors from China or Hong Kong.
Dear Mr. Awana:
In your letter dated June 21, 2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.
Three samples of woven fabric accompanied your request for a ruling. The first, designated as style STY6 “Stretch Yarn Dye Twill”, is a 2 X 1 twill woven fabric composed of 65% cotton, 32% filament polyester and 3% filament spandex. Constructed using yarns of different colors, this product is characterized by stripes running the length of the fabric. It contains 47 warp ends per centimeter and 28 filling picks per centimeter. This item has been manufactured using 40/2 c.c. cotton yarns in the warp and 150 denier polyester filament yarns combined with 40 denier filament spandex yarns in the filling. Weighing 202 g/m2, this fabric will be imported in 134 centimeter widths.
Style SYCP “Stretch Cotton Polyester Plain Weave”, is a plain woven fabric composed of 74% cotton, 24% filament polyester and 2% filament spandex. Constructed using yarns of different colors, this product is characterized by complex plaid pattern. It contains 26 warp ends per centimeter and 21 filling picks per centimeter. This item has been manufactured using 10/1 c.c. cotton yarns in the warp and 150 denier polyester filament yarns combined with 40 denier filament spandex yarns in the filling. Weighing 219 g/m2, this fabric will be imported in 130 centimeter widths.
Style SYDP “Stretch Yarn Dye Poplin”, is a plain woven fabric composed of 97% cotton and 3% filament spandex. Constructed using yarns of different colors, this product is characterized by stripes running the length of the fabric. It contains 47 warp ends per centimeter and 30 filling picks per centimeter. This item has been manufactured using 40/1 c.c. cotton yarns in the warp and core spun yarns consisting of cotton fiber spun around a 40 denier core of filament spandex in the filling. Weighing 134 g/m2, this fabric will be imported in 130 centimeter widths. Based on the data provide, the average yarn number for this fabric has been calculated to be 57 in the metric system.
The applicable subheading for the fabric designated as style STY6 “Stretch Yarn Dye Twill” will be 5211.43.0030, 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 more than 200 g/m2, of yarns of different colors, other fabrics of 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.4 percent ad valorem.
The applicable subheading for the fabric designated as style SYCP “Stretch Cotton Polyester Plain Weave” will be 5211.41.0020, 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 more than 200 g/m2, of yarns of different colors, plain weave, not napped. The duty rate will be 8.4 percent ad valorem.
The applicable subheading for the fabric designated as style SYDP “Stretch Yarn Dye Poplin” will be 5208.42.4000, 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, other, of numbers 43 to 68. The duty rate will be 11.4 percent ad valorem.
All three woven fabrics fall within textile category designation 218. 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