United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1995 HQ Rulings > HQ 956472 - HQ 956576 > HQ 956493

Previous Ruling Next Ruling
HQ 956493




September 19, 1994

CLA-2:CO:R:C:T 956493 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.29.0090

Mr. Shashi D. Patel, Vice President
Venus Textiles, Inc.
P.O. Box 1700
Huntington Beach, CA 92647-1700

RE: Classification of Cotton Fabric

Dear Mr. Patel:

This is in reply to your letter of May 24, 1994, concerning the classification of fabric produced in India. Our ruling on the matter follows.

FACTS:

A sample of the merchandise was submitted. It is a bleached white cotton woven fabric with 26.8 single yarns per centimeter in the warp and 15.7 single yarns per centimeter in the filling. The fabric is woven with a basket weave--the warp ends and filling picks consist of two yarns woven as one. It weighs 372.5 grams per square meter and will be imported in 150 centimeter widths. The average metric yarn number for this fabric is 11.

ISSUE:

The issue presented is how is this basket woven fabric classified.

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule of the United States (HTSUSA). GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings in the tariff and according to any pertinent section or chapter notes. It appears that GRI 1 governs the classification of the subject merchandise.

Since the fabric is woven with a basket weave, it is not considered to be plain woven. Nor does it fall within the class of fabrics known as twills, satin weaves, duck, poplin, or broadcloth. Accordingly, It is classified under a provision for other woven fabrics containing 85 percent or more by weight of cotton, weighing more than 200 grams per square meter, in subheading 5209.29.0090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

HOLDING:

Fabric, as represented by the submitted sample, is classifiable under the provision for other woven fabrics containing 85 percent or more by weight of cotton, weighing more than 200 grams per square meter, in subheading 5209.29.0090, HTSUSA, and dutiable, as a product of India, at the rate of 7.7 percent ad valorem. The textile restraint category applicable to products classifiable in subheading 5209.29.0090 is 220.

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.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: