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NY 860154


FEB 26 1991

CLA-2-55:S:N:N3H:352 860154

CATEGORY: CLASSIFICATION

TARIFF NO.: 5516.43.0090

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, N.Y. 10004

RE: The tariff classification of twill woven rayon/cotton blend fabric from Hong Kong.

Dear Ms. Cumins:

In your letter dated February 1, 1991, on behalf of your client H. Cotler Inc., you requested a classification ruling.

Four samples accompanied your request for a ruling. All of the samples are identical in composition and construction and vary only in color. The fabrics are identified as style Range 268 and are differentiated by color designations 47, 26, 09 and 08. The fabrics are composed of a blend of 65% staple rayon and 35% cotton. They contain 42.5 single yarns per centimeter in the warp and 19.7 single yarns per centimeter in the filling and are characterized by 3x1 twill weave. Weighing 237 g/m2, these fabrics will be imported in 110/112 centimeter widths. The fabrics have been subjected to a dyeing process. The composition of the yarns has caused the dyes to color the warp and filling yarns different shades of the same color. The resulting fabrics would be considered woven fabrics of yarns of different colors for the purposes of the Harmonized Tariff Schedules of the United States (HTS).

Your correspondence indicates that the Hong Kong Trade Department believes that these fabrics should be classified as dyed woven fabric. This is not correct. Subheading Note 1(h) of Section XI, HTS, states in part that woven fabrics of yarns of different colors are:
woven fabric which:

(i) Consists of yarns of different colors or yarns of different shades of the same color (other than the natural color of the constituent fibers);
Since the dyeing process has resulted in the yarns of the warp and filling being colored different shades of the same color, these fabrics meet the definition of woven fabrics of yarns of different colors. Furthermore, Subheading Note 1(g) to Section XI, HTS, defines dyed woven fabric as:

Woven fabric which:

(i) Is dyed a single uniform color other than white (unless the context otherwise requires) or has been treated with a colored finish other than white (unless the context otherwise requires), in the piece: or

(ii) Consists of colored yarn of a single uniform color

Since these fabrics are not dyed a single uniform color but contain yarns of different shades of the same color, they do not meet the definition in the HTS for dyed woven fabric. In summary, these fabrics would all be considered woven fabrics of yarns of different colors.

The applicable subheading for the four fabrics, identified as style Range 268, colors 47, 26, 09, and 08, will be 5516.43.0090, HTS, which provides for woven fabrics of artificial staple fibers, containing less than 85 percent by weight of artificial staple fibers, mixed mainly or solely with cotton, of yarns of different colors, other, other. The duty rate will be 17 percent ad valorem.

All the fabrics fall within textile category designation 218. Based upon international textile trade agreements, products of Hong Kong are subject to export license 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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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