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HQ 085170


OCTOBER 18, 1989

CLA-2 CO:R:C:G 085170 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.19.0060

Ms. Rita M. Merz
Penta International, Inc.
12015 Manchester Rd.
St. Louis, Mo. 63131

RE: Tariff Status of Certain Cotton Fabric

Dear Ms. Merz:

This ruling is in response to your letter of July 19, 1989, concerning the tariff status of certain cotton fabric.

FACTS:

The submitted sample is a cotton fabric in the gray that is plain woven except that two warp yarns have been woven as one. It contains 29 single warp yarns and 11 single filling yarns per centimeter, and weighs 358.77 grams per square meter. The average yarn number is 11. The fabric will be produced in Peru and we assume that it will be imported in widths exceeding 30 centimeters.

ISSUE:

The issue presented is the proper classification of the fabric and whether it is subject to textile restraints.

LAW AND ANALYSIS:

Chapter 52, Statistical Note 1(h), Harmonized Tariff Schedule of the United States Annotated (HTSUSA), defines the term "duck" as fabrics which weigh more than 200 grams per square meter, with an average yarn number of 26 or less, whether or not napped, and plain woven or woven with with a plain weave except that two or more warp ends are woven as one. The submitted swatch falls within this description and is, therefore, classifiable as a duck fabric. The fact that two warp yarns are woven as one precludes its classification as a plain weave fabric.

HOLDING:

Fabric as represented by the described sample is classifiable under the provision for other unbleached woven duck fabrics containing 85 percent or more by weight of cotton, in Subheading 5209.19.0060, HTSUSA, with duty, as a product of Peru, at the 1989 rate of 6.5 percent ad valorem. The designated textile and apparel category for that subheading is 219. As a product of Peru this merchandise is subject to quantitative (quota) limits and to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

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