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NY 880714




January 19, 1993

CLA-2-52:S:N:N6:352 880714

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.22.0020

Mr. John H. Qualey
Rogers & Brown Customs Brokers, Inc.
P.O. Box 20160
Charleston, SC 29413-0160

RE: The tariff classification of 100% cotton twill woven fabric from Pakistan.

Dear Mr. Qualey:

In your letter dated November 18, 1992, on behalf of your client McDowell Industries Inc., you requested a classification ruling.

The submitted sample is a 3X1 twill woven fabric composed of 100% cotton. It contains 26.8 single yarns per centimeter in the warp and 15.5 single yarns per centimeter in the filling. The fabric is constructed using 10/1 c.c. yarns in the warp and 8/1 c.c. yarns in the filling. The filling yarns of this fabric have been bleached while the warp yarns have been dyed blue with a fugitive dye. Weighing approximately 342.5 g/m2, this product will be imported in 150 centimeter widths.

Subheading Note 1 (d) to Section XI of the Harmonized Tariff Schedules of the United States (HTS) states in part that a colored (dyed or printed) yarn is defined as:
yarn which:

(i) Is dyed (whether or not in the mass) other than white or in a fugitive color, or printed, or made of dyed or printed fibers; (our emphasis).

Since the warp yarns of this fabric have been dyed blue with a fugitive dye, these yarns would not be considered colored in accordance with subheading Note 1 (d) to Section XI. Therefore, this fabric is classifiable as a bleached woven fabric and not as a woven fabric of yarns of different colors.

The applicable subheading for the twill woven fabric will be 5209.22.0020, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, bleached, 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 7.7 percent ad valorem.

This twill woven fabric falls within textile category designation 317. Based upon international textile trade agreements, products of Pakistan are subject to both visa requirements and quota restraints.

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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