CLA-2-52:OT:RR:NC:N3:352
Mr. Marcus Weibel
American Fiber & Finishing, Inc.
225 North Depot Street
P.O. Box 2488
Albemarle, NC 28001
RE: The tariff classification of two 100% cotton lightweight woven fabrics from China
Dear Mr. Weibel:
In your letter dated September 14, 2011, you requested a tariff classification ruling. Two samples were submitted. Your correspondence indicates that this fabric has a variety of industrial uses including wiping and filtration, with the major use being that by the U.S. aerospace manufacturing industry for wiping (surface prep). The fabric will be imported in 36-inch widths, in either a greige (unbleached) or bleached state.
The first sample is identified as Style LP 2-A. According to the information and sample provided, the fabric is composed of singles yarns of 100% cotton, and constructed using 28 warp ends and 24 filling picks per inch, with a weight of 32.2 g/m2. The fabric is characterized by a plain-woven body, with one line of two 2-ply yarns running in the warp direction, twisted and held in place by the weft yarns, situated approximately one-half inch from each edge. The selvages are leno, one of the standard selvages made on a shuttleless loom.
The second sample is identified as Style LP 2-B. According to the information and sample provided, the fabric is composed of singles yarns of 100% cotton, and constructed using 28 warp ends and 24 filling picks per inch, with a weight of 32.2 g/m2. The fabric is characterized by a plain-woven body, except for two lines of two 2-ply yarns running in the warp direction, twisted and held in place by the weft yarns, approximately one-half inch from each other and situated along only one edge of the fabric. The selvages are leno, one of the standard selvages made on a shuttleless loom.
Additional U.S. Note 3 (b) to Chapter 52 states:
“Unless the context otherwise requires, provisions relating to one or more weaves embrace only those fabrics which (excluding selvage) are wholly of the specified weave or weaves, including combinations exclusively thereof.”
In your submission you suggest classification as cotton gauze (leno-woven) fabric under subheading 5803.00.1000 of the Harmonized Tariff Schedule of the United States, (HTSUS). However, classification under that subheading is precluded as the body of the fabric is plain-woven, and according to the note cited above, the selvage is excluded in determining the classification.
The applicable subheading for styles LP 2-A and LP 2-B, if in an unbleached or greige state, will be 5208.19.6090, HTSUS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2: unbleached: other fabrics: other: of numbers 43 to 68, other. The rate of duty will be 9% ad valorem.
The applicable subheading for styles LP 2-A and LP 2-B, if bleached, will be 5208.29.6090, HTSUS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2: bleached: other fabrics: other: of numbers 43 to 68, other. The rate of duty will be 10.2% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Maribeth Dunajski at (646) 733-3045.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division