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NY 885739




June 3, 1993

CLA-2-52:S:N:N6:352 885739

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.12.0020; 5209.42.0020; 5209.42.0040

Mr. Charles E. Montgomery, Jr.
Fritz Companies, Inc.
P. O. Box 11004
Charleston, SC 29411-1004

RE: The tariff classification of four samples of cotton woven fabric from India.

Dear Mr. Montgomery:

In your letter dated May 5, 1993, on behalf of your client Arvind Worldwide, Inc., you requested a tariff classification ruling.

You have submitted four samples identified as sort nos. 30303, 30372, 30600 and 30602. Sort no. 30303 is an indigo denim fabric composed of 100% cotton. This 3x1 twill woven fabric is constructed using 7/1 c.c. yarns in the warp and 6/1 c.c. yarns in the filling. The merchandise contains 27.9 single yarns per centimeter in the warp and 16.5 single yarns per centimeter in the filling. It is woven with yarns of different colors and features blue warp yarns and a bleached filling. Weighing 491 g/m2, the fabric will be imported in widths ranging between 149 and 152 centimeters.

Sort no. 30372 is a 2x1 twill woven fabric manufactured with yarns of different colors. The warp yarns have been dyed blue while the filling yarns have been bleached. This indigo denim fabric is composed of 100% cotton. It is constructed using 9/1 c.c. yarns in both the warp and filling. The merchandise contains 27.9 single yarns per centimeter in the warp and 16.5 single yarns per centimeter in the filling. Weighing 356 g/m2, this fabric will be imported in widths ranging between 149 and 152 centimeters.

Sort no. 30600, identified as Ecru Denim, is composed of 100% unbleached cotton. The fabric is constructed using 7/1 c.c. yarns in the warp and 6/1 c.c. yarns in the filling. It contains 27.9 single yarns per centimeter in the warp and 16.5 single yarns per centimeter in the filling. This 3x1 twill woven fabric weighs 491 g/m2 and it will be imported in widths ranging between 149 and 152 centimeters.

Sort. no. 30602 is a 3x1 twill woven fabric that is identified as Ecru Denim. It is composed of 100% unbleached cotton and weighs 432 g/m2. This merchandise is constructed using 7/1 c.c. yarns in the warp and 9/1 c.c.
yarns in the filling. The fabric contains 27.9 single yarns per centimeter in the warp and 16.5 single yarns per centimeter in the filling. It will be imported in widths ranging between 149 and 152 centimeters.

The applicable subheading for sort no. 30303 will be 5209.42.0040, 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, blue denim, weighing more than 360 g/m2. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for sort no. 30372 will be 5209.42.0020, 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, blue denim, weighing not more than 360 g/m2. The rate of duty will be 8.9 percent ad valorem.

The applicable subheading for sort nos. 30600 and 30602 will be 5209.12.0020, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, unbleached, 3-thread or 4-thread twill, including cross twill, not napped. The rate of duty will be 6.5 percent ad valorem.

Sort nos. 30303 and 30372 fall within textile category designation 225. Based upon international textile trade agreements, products of India are subject to quota restraints and visa requirements.

Sort nos. 30600 and 30602 fall within textile category designation 317. Based upon international textile trade agreements, products of India are subject to 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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