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NY 864490


July 17 1991

CLA-2-52:S:N:N3H:352 864490

CATEGORY: CLASSIFICATION

TARIFF NO: 5209.49.0090; 5211.49.0090

Mr. Gilbert T. Lee
World Wide Looms Ltd.
150 East 55th Street
New York, NY 10022

RE: The tariff classification of 100% cotton and cotton/polyester woven fabric from Hong Kong.

Dear Mr. Lee:

In your letter dated June 19, 1991, you requested a tariff classification ruling.

You have submitted two samples of woven fabric identified as cotton canvas backing. Information provided indicates that sample no. 1 is composed of 100% cotton. The merchandise is constructed using 12/3 c.c. yarns in both the warp and the filling. This product is composed of yarns of different colors and contains 10.2 warp ends per centimeter and 10.2 filling picks per centimeter. The fabric weighs 328 g/m2 and is woven with a 2 x 2 basket weave. It will be imported in 604.5 centimeter widths. The average yarn number is calculated to be 18 in the metric system.

Sample no. 2 is composed of 82.5% cotton and 17.5% staple polyester. It is manufactured with 100% cotton yarns in the filling and 65% cotton and 35% staple polyester yarns in the warp. It is constructed using 12/3 c.c yarns in both the warp and the filling. The merchandise is composed of yarns of different colors and contains 10.2 filling picks per centimeter and 10.2 warp ends per centimeter. This fabric weighs 328 g/m2, and is woven with a 2 x 2 basket weave. It will be imported in 604.5 centimeter widths. The average yarn number is calculated to be 18 in the metric system. The principal use of both samples will be as a component of carpeting. This merchandise will be used as primary carpet backing and forms the base into which the carpet pile is tufted.

The applicable subheading for sample no. 1, will be 5209.49.0090, 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 more than 200 g/m2, of yarns of different colors, other fabrics, other. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for sample no. 2, will be 5211.49.0090, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other, other. The rate of duty will be 9.7 percent ad valorem.

Both of the samples fall within textile category designation 218. Based upon international textile trade agreements, products of Hong Kong are subject 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.

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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