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HQ 957274




May 23, 1995

CLA-2: R:C:T 957274 PR

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.32.0020

Ms. Ann Williams
A.N. Deringer, Inc.
173 Service Road
Champlain, N.Y. 12919

RE: Country of Origin and Classification of Greige Cotton Fabric

Dear Ms. Williams:

This is in reply to your letter of August 25, 1994, on behalf of Radley Cotton Mills, Ltd., Montreal, Canada, concerning the country of origin and classification of greige cotton fabric. Our ruling on the matter follows.

FACTS:

A sample was submitted. As requested, the sample is being returned. The sample is a length of green dyed woven fabric. Printed in the selvage are small six pointed black designs--each approximately one square centimeter and separated by approximately 1-1/2 centimeters. Laboratory analysis indicates that the sample is wholly of cotton and constructed with a 3 X 1 twill. It weighs 204.2 grams per square meter and has an average yarn number of 33 with 44.9 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. It is stated that the fabric will be imported in 160 centimeter widths.

According to the submission, the fabric will be woven in India and shipped as greige goods to Canada. In Canada it is bleached, dyed, printed, and preshrunk.

The importer believes that the fabric is classifiable as an unnapped printed cotton twill fabric, weighing over 200 grams per square meter, in subheading 5209.52.0020, Harmonized Tariff Schedule of the United States Annotated.
ISSUE:

Two issues are presented. The first issue is the classification of the imported fabric--is it classifiable as a dyed fabric, or as a printed fabric. The second issue is whether that fabric is a product of India or Canada.

LAW AND ANALYSIS:

Classification

In order to be classifiable under subheading 5209.52.0020, fabric must meet all the requirements imposed by its superior heading and subheading, including the requirement that the fabric be printed. While the instant fabric has printed designs on the selvage, we do not believe that the fabric is either commonly or commercially known as a printed fabric. While such printing may be useful for identifying fabric in the production of an article, we are not aware of any useful or decorative purpose served by that printing after the fabric is cut to shape. Accordingly, Customs is of the view that printing on the selvage of a fabric will not normally result in a printed fabric.

Subheading 5209.32.0020, HTSUSA, provides for unnapped dyed cotton twill fabric. In the absence of convincing evidence that the printed designs on the selvage of the sample fabric will be readily visible in the finished product made from that fabric, Customs considers the fabric not to be printed and, therefore, classifiable in subheading 5209.32.0020.

Country of Origin

General Note 12, HTSUSA, which incorporates Article 401 of the North American Free Trade Agreement (NAFTA) into United States law, contains the rules for determining if a good originates for duty reduction purposes in the territory of a NAFTA party. In order to be a good originating in Canada under the Article 401 rules, (1) the yarns forming the subject fabric must be spun in Canada; (2) the fabric must be woven in Canada; and (3) the fabric must be dyed in Canada. Accordingly, the fabric does not qualify as originating in Canada under the Article 401 rules.

Section 102, Customs Regulations (19 CFR ? 102), contains the rules authorized by Annex 311 of NAFTA for determining whether a NAFTA party is the country of origin for all purposes not covered by Article 401. In order to be considered a product of Canada under the ? 102 rules, the fabric must be dyed, printed, and undergo two other specified processes. Because the subject fabric is not considered to be printed, under the ? 102 rules that fabric is not a product of Canada. HOLDING:

The subject fabric is a product of India and is classifiable under the provision for unnapped dyed cotton twill woven fabric weighing over 200 grams per square meter, in subheading 5209.32.0020, HTSUSA, with duty at the rate of 8.8 percent ad valorem. The applicable textile restraint category is 317.

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 issued pursuant to the provisions of Part 177 Customs Regulations (19 CFR Part 177). If the specific factual situation is not as described above, this ruling may not be valid. In such an event, it is recommended that a new ruling request be submitted.

Sincerely,

John Durant, Director

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