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NY 893209




January 5, 1994

CLA-2-55:S:N:N6:352 893209

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.31.0000; 5210.41.8000

Mr. Robert C. Miller
John V. Carr & Son Inc.
400 Tradeport Blvd., Suite 408
Atlanta, GA 30354

RE: The tariff classification of cotton and polyester woven fabric from Japan, Taiwan, India and China.

Dear Mr. Miller:

In your letter dated November 22, 1993, received in this office on December 8, 1993, on behalf of your client Ezrasons, Inc., you requested a classification ruling.

You have submitted four samples of woven fabric that are identified as item nos. 1, 2, 3 & 4. Item no. 1, style CVS Fancy, is composed of 65% staple polyester and 35% cotton. This merchandise is constructed using 45/1 c.c. yarns in both the warp and filling. It contains 35.4 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. The fabric is plain woven with yarns of different colors. It weighs 84.92 g/m2 and will be imported in widths ranging between 111 and 114 centimeters.
Item no. 3, style CVS FNC 60, is composed of 65% staple polyester and 35% cotton. It is plain woven with yarns of different colors and weighs 89.82 g/m2. The fabric is constructed using 45/1 c.c. yarns in both the warp and filling. This product contains 35.4 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. It will be imported in widths ranging between 149 and 152 centimeters.

Item no. 4, style CVC Fancy, is composed of 55% cotton and 45% staple polyester. This textile product is manufactured with 45/1 c.c. yarns in both the warp and filling. It contains 47.2 single yarns per centimeter in the warp and 27.6 single yarns per centimeter in the filling. The fabric is plain woven with yarns of different colors and weighs 102.32 g/m2. It will be imported in widths ranging between 111 and 114 centimeters. The average yarn number has been calculated to be 72 in the metric system.

In reference to item no. 2, style CVC FNC 59, we do not have sufficient information to render a classification at this time. However, if you would like to have a ruling on this textile product, the following information is required to determine how this merchandise would be classified:

(a) weight in grams per square meter for each construction of the two samples of woven fabric submitted (90X70) and (100X70)

The applicable subheading for item no. 1, style CVS Fancy and item no. 3, style CVS FNC 60, will be 5513.31.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, of yarns of different colors, of polyester staple fibers, plain weave. The duty rate will be 17 percent ad valorem.

The applicable subheading for item no. 4, style CVC Fancy, will be 5210.41.8000, HTS, which provides for woven fabrics of cotton, containing less 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing not more than 200 g/m2, of yarns of different colors, plain weave, of number 69 or higher number. The rate of duty will be 15.5 percent ad valorem.

Item no. 1, style CVS Fancy, item no. 3, style CVS FNC 60 and item no. 4, style CVC Fancy fall within textile category designation 218. Based upon international textile trade agreements, products of Taiwan, India and China are subject to quota restrictions and visa requirements, while products from Japan are subject to visa 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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