CLA-2-52:RR:NC:TA:352 I89604
Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118
RE: The tariff classification of five cotton and polyester/rayon blend plain woven fabrics from China.
Dear Mr. Brooks:
In your letter dated December 24, 2002 you requested a classification ruling.
Five samples of woven fabric accompanied your request for a ruling. The first, designated as “Polyester/Rayon Blended Fabric”, is a plain woven fabric constructed with yarns of different colors. It is composed of 57.14% filament polyester, 27.86% staple polyester and 15% staple rayon. This product contains 43 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. It is constructed using 110 denier filament polyester yarns in the warp and 32/1 c.c. 65% staple polyester/35% staple rayon yarns in the filling. Weighing 125 g/m2, this item will be imported in 137 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 53 in the metric system.
The fabric designated as “Bleached Poplin” is a bleached plain woven fabric composed of 100% cotton. It contains 53 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This fabric is constructed using 40/1 c.c. yarns in both the warp and filling. Weighing 136 g/m2, this product will be imported in 113 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 59 in the metric system.
The fabric designated as “Dyed Poplin” is a dyed plain woven fabric composed of 100% cotton. It contains 53 single yarns per centimeter in the warp and 28 single yarns per centimeter in the filling. This fabric is constructed using 40/1 c.c. yarns in both the warp and filling. Weighing 136 g/m2, this product will be imported in 113 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 59 in the metric system.
The fabric designated as “Dyed Flannel” is a napped dyed plain woven fabric composed of 100% cotton. It contains 16 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed using 20/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. Weighing 158 g/m2, this fabric will be imported in 113 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 20 in the metric system.
The fabric designated as “Bleached Flannel” is a bleached plain woven napped fabric composed of 100% cotton. It contains 16 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed using 20/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. Weighing 158 g/m2, this fabric will be imported in 113 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 20 in the metric system.
The applicable subheading for the woven fabric designated as “Polyester/Rayon Blended Fabric” will be 5407.93.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from the materials of heading 5404, other woven fabrics, of yarns of different colors, other, poplin or broadcloth. The duty rate will be 12.5 percent ad valorem.
The applicable subheading for the woven fabric designated as “Bleached Poplin” will be 5208.22.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, bleached, plain weave, weighing more than 100 g/m2, of numbers 43 to 68, poplin or broad cloth. The duty rate will be 8.8 percent ad valorem.
The applicable subheading for the woven fabric designated as “Dyed Poplin” will be 5208.32.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric 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 numbers 43 to 68, poplin or broad cloth. The duty rate will be 9.9 percent ad valorem.
The applicable subheading for the woven fabric designated as “Dyed Flannel” will be 5208.32.3090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric 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, of numbers 42 or lower number, cheesecloth. The duty rate will be 7.3 percent ad valorem.
The applicable subheading for the woven fabric designated as “Bleached Flannel” will be 5208.22.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabric of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, bleached, plain weave, weighing more than 100 g/m2, of number 42 or lower number, cheesecloth. The duty rate will be 8.2 percent ad valorem.
The fabric designated as “Polyester/Rayon Blended Fabric” falls within textile category designation 625. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The fabrics designated as “Bleached Poplin” and “Dyed Poplin” fall within textile category designation 314. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.
The fabrics designated as “Dyed Flannel” and “Bleached Flannel” fall within textile category designation 226. Based upon international textile trade agreements products of 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