CLA-2-55:RR:NC:TA:352 K87078
Ms. Marilyn-Joy Cerny
Cerny Associates, P.C.
301 Fields Lane
P.O. Box 102
Brewster, NY 10509
RE: The tariff classification of five woven fabric manufactured from yarns of different colors from China.
Dear Ms. Cerny:
In your letter dated June 10, 2004, on behalf of your client American Household, Inc., you requested a classification ruling.
Five samples of woven fabric accompanied your request for a ruling. The first, designated as “Series 0486” is a woven double cloth composed of 80% staple acrylic and 20% staple polyester. It is characterized by two layers of fabric woven simultaneously on the same loom and joined together by certain yarns which pass from one layer to the other. The weave of this product is designed to form channels between the fabric layers. These channels will be stuffed with various electrical elements when the fabric is used in the manufacture of electric blankets. This fabric is manufactured using yarns of different colors. It weighs 340 g/m2 and will be imported in a variety of widths corresponding to widths required for the manufacture of blankets for king, queen or twin sized beds. In any case the widths of the fabrics will exceed thirty centimeters. Your correspondence indicates that this product will be imported in a variety of color combinations and will be additionally designated with a code name and number to identify it. The color codes for this style have been designated as "“Sea Glass” (607), “Natural” (757), “Antique Rose" (334) and "Denim" (537).
Style “Series 08” is a woven double cloth composed of 80% staple acrylic and 20% staple polyester. It is characterized by two layers of fabric woven simultaneously on the same loom and joined together by certain yarns which pass from one layer to the other. The weave of this product is designed to form channels between the fabric layers. These channels will be stuffed with various electrical elements when the fabric is used in the manufacture of electric blankets. This fabric is manufactured using yarns of different colors. It weighs 340 g/m2 and will be imported in a variety of widths corresponding to widths required for the manufacture of blankets for king, queen or twin sized beds. In any case the widths of the fabrics will exceed thirty centimeters. Your correspondence indicates that this product will be imported in a variety of color combinations and will be additionally designated with a code name and number to identify it. The color codes for this style have been designated as “Denim-Black” (507), “Denim-White” (575), "Sea Glass-White" (657), “Black-White” (815), “Prairie-Black” (773), “Denim-Prairie” (592), “Sea Glass-Cornmeal” (626), “Prairie-Cornmeal” (705), “Prairie-White” (722), “Chrysanthemum-White” (346) and "Black-Chrysanthemum” (301).
Style “Series 0336” is a woven double cloth composed of 100% staple acrylic. It is characterized by two layers of fabric woven simultaneously on the same loom and joined together by certain yarns which pass from one layer to the other. The weave of this product is designed to form channels between the fabric layers. These channels will be stuffed with various electrical elements when the fabric is used in the manufacture of electric blankets. This fabric is manufactured using yarns of different colors. It weighs 360 g/m2 and will be imported in a variety of widths corresponding to widths required for the manufacture of blankets for king, queen or twin sized beds. In any case the widths of the fabrics will exceed thirty centimeters. Your correspondence indicates that this product will be imported in a variety of color combinations and will be additionally designated with a code name and number to identify it. The color codes for this style have been designated as “Denim” (537), “Sage” (606), "Sea Glass" (607), “Prairie” (711), “Cornmeal” (769), “Chrysanthemum” (367) and "Natural” (757).
Style “Series 0376” is a woven double cloth composed of 100% staple acrylic. It is characterized by two layers of fabric woven simultaneously on the same loom and joined together by certain yarns which pass from one layer to the other. The weave of this product features a waffle like surface texture and is designed to form channels between the fabric layers. These channels will be stuffed with various electrical elements when the fabric is used in the manufacture of electric blankets. This fabric is manufactured using yarns of different colors. It weighs 460 g/m2 and will be imported in a variety of widths corresponding to widths required for the manufacture of blankets for king, queen or twin sized beds. In any case the widths of the fabrics will exceed thirty centimeters. Your correspondence indicates that this product will be imported in a variety of color combinations and will be additionally designated with a code name and number to identify it. The color codes for this style have been designated as “Prairie” (711), and “Cornmeal” (769).
Style “Series 0186” is a woven double cloth composed of 70% staple acrylic and 30% cotton. It is characterized by two layers of fabric woven simultaneously on the same loom and joined together by certain yarns which pass from one layer to the other. The weave of this product is designed to form channels between the fabric layers. These channels will be stuffed with various electrical elements when the fabric is used in the manufacture of electric blankets. This fabric is manufactured using yarns of different colors. It weighs 355 g/m2 and will be imported in a variety of widths corresponding to widths required for the manufacture of blankets for king, queen or twin sized beds. In any case the widths of the fabrics will exceed thirty centimeters. Your correspondence indicates that this product will be imported in a variety of color combinations and will be additionally designated with a code name and number to identify it. The color codes for this style have been designated as "Ecru-Natural” (720), "Sea Glass-Natural" (613), “Denim-Natural” (513) and "Chrysanthemum-Natural” (313).
The applicable subheading for the two woven fabrics designated as styles “Series 0486” and “Series 08” will be 5512.99.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, other, other, of yarns of different colors, except blue denim or jacquard weave. The duty rate will be 12 percent ad valorem.
The applicable subheading for the two woven fabrics designated as styles “Series 0336” and “Series 0376” will be 5512.29.0005, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of acrylic or modacrylic staple fibers, other, of yarns of different colors, except blue denim or jacquard weave. The duty rate will be 12 percent ad valorem.
The applicable subheading for the woven fabric designated as style “Series 0186” will be 5514.39.0090, 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 exceeding 170 g/m2, of yarns of different colors, other woven fabrics, other. The duty rate will be free.
All five styles of fabric fall within textile category designation 218. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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