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NY 879592




November 6, 1992

CLA-2-52:S:N:N3H:352 879592

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.43.0020

Ms. Charise Graham
Tower Group International, Inc.
P.O. Box 685
Charleston, South Carolina 29402

RE: The tariff classification of 3-thread twill woven fabric from Brazil.

Dear Ms. Graham:

In your letter, on behalf of Cotton States Industries, dated September 17, 1992 and resubmitted with additional data on October 22, 1992, you requested a classification ruling.

Three samples of woven fabric designated as styles A, B and C accompanied your request for a ruling. All the styles are identical in construction and vary only in the number and width of the colored stripes that run in the warp direction. The samples are warp face 3-thread twill woven fabrics composed of 100% cotton. They contain 28.4 single yarns per centimeter in the warp and 16.5 single yarns per centimeter in the filling. Weighing 349 g/m2, the fabrics will be imported in 157 centimeter widths. Each sample is composed of a unbleached or bleached filling and a warp which has alternating groups of yarns that have been dyed blue and yarns that are either unbleached or bleached. The alternating groups of blue and unbleached or bleached yarns in the warp create alternating blue and white stripes. Based on the data provided, the average yarn number for all three styles of fabric has been calculated to be 12 in the metric system.

The applicable subheading for the three woven fabrics identified as styles A, B and C will be 5209.43.0020, 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 of 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.9 percent ad valorem.

The three twill woven fabrics fall within textile category designation 218. Based upon international textile trade agreements, products of Brazil are subject to both quota restraints and 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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