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NY 884405





April 14, 1993

CLA-2-52:S:N:N6:352 884405

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.43.0020

Mr. Darryl Golden
Norman Krieger, Inc.
P. O. Box 92599
Los Angeles, CA 90009

RE: The tariff classification of two samples of twill woven fabric from Hong Kong and Taiwan.

Dear Mr. Golden:

In your letter dated March 26, 1993, on behalf of your client Twin Dragon, you requested a tariff classification ruling.

You have submitted two samples of a 2x1 twill woven fabric. Both samples are identical in construction and vary only in color. The merchandise is composed of 100% cotton indigo denim that has been overdyed with various colors. The overdyeing colors the filling yarns only and has no apparent effect on the indigo dyed warp yarns, resulting in a fabric with a blue warp and a filling dyed a color other than blue. It is manufactured using 6/1 c.c. yarns in both the warp and filling. The fabric contains 25.1 single yarns per centimeter in the warp and 18.5 single yarns per centimeter in the filling. This textile product will be imported in 147 centimeter widths and it weighs 400 g/m2.

The applicable subheading for this twill woven product 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 rate of duty will be 8.9 percent ad valorem.

Both fabrics fall within textile category designation 218. Based upon international textile trade agreements, products of Taiwan are subject to quota restrictions and visa requirements while products of Hong Kong are subject to visa requirements only.

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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