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NY 861275


APR 24 1991

CLA-2-52:S:N:N3H:352 861275

CATEGORY: CLASSIFICATION

TARIFF NO: 5208.42.1000; 5513.39.0090; 5515.19.0005

Mr. Pete Heimlich
Global Village Imports
1101 SW Washington #140
Portland, OR 97205-2313

RE: The tariff classification of hand-loomed fabrics from Thailand.

Dear Mr. Heimlich:

In your letter dated February 11, 1991, resubmitted on March 11, 1991, you requested a tariff classification ruling.

You submitted three samples of hand-loomed fabrics identified as items A, B & C. Based on the information provided and laboratory analysis, sample A is composed of 100% cotton, and is constructed of yarns of different colors. It contains 16.5 single yarns per centimeter in the warp and 17.5 single yarns per centimeter in the filling. This merchandise is plain woven and weighs 170.3 g/m2. The average yarn number is calculated to be 20 in the metric system.

Sample B is a hand-loomed fabric that is constructed with yarns of different colors. It is composed of 24.4% cotton, 33.1% staple acrylic, 29.4% staple polyester and 13.1% staple rayon. This product contains 37.8 single yarns per centimeter in the warp and 39.4 single yarns per centimeter in the filling. It is woven with a complex weave and weighs 141.5 g/m2. The average yarn number is calculated to be 54 in the metric system.

Sample C is a hand-loomed, yarn dyed fabric composed of 15.1% cotton, 36.4% staple polyester, 17% staple rayon and 31.5% silk. This fabric is woven with a complex weave and weighs 164.5 g/m2. It contains 37.8 single yarns per centimeter in the warp and 36.8 single yarns per centimeter in the filling. The average yarn number is calculated to be 45 in the metric system.

The applicable subheading for the hand-loomed fabric identified as sample A, will be 5208.42.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing not more than 200 g/m2, of yarns of different colors, plain weave, weighing more than 100 g/m2, certified hand- loomed fabrics. The rate of duty will be 6 percent ad valorem.

Classification of Item A in subheading 5208.42.1000, HTS, is predicated on certification, prior to export, by an official of a government agency of the country where the fabric is produced, that the fabric is made on a hand loom by a cottage industry.

The applicable subheading for the hand-loomed fabric identified as sample B, will be 5513.39.0090, 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 not exceeding 170 g/m2, of yarns of different colors, other woven fabrics, other. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the hand-loomed fabric identified as sample C, will be 5515.19.0005, HTS, which provides for other woven fabrics of synthetic staple fibers, of polyester staple fibers, other, of yarns of different colors, except blue denim or jacquard weave. The rate of duty will be 17 percent ad valorem.

The hand-loomed samples, designated as items B & C, fall within textile category designation 218. Based upon international textile trade agreements, products of Thailand are subject to visa requirements.

The U. S. has negotiated a Committee for the Implementation of Textile Agreements (CITA) folklore agreement with Thailand. Shipments of hand-loomed fabric and traditional folklore products of cottage industry are exempt from quota and visa requirements if they are a product of a country with which the U. S. has both a bilateral and a visa agreement which specifically exempts such products, provided the foreign government has issued a proper and correct exempt certification. These agreements only waive the quota and visa requirements. This office is not authorized to rule on the exempt status of merchandise which may be subject to these agreements. If you wish a ruling on the exempt status of items B & C, you may write to:

The United States Customs Service
Office of Trade Operations
Textiles and Metals Branch
1301 Constitution Ave., NW
Washington, D.C. 20229

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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