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NY 803819




November 8, 1994

CLA-2-52:S:N:N6:352 803819

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.49.0090; 5209.19.0090

Mr. Michael B. Shapiro
Scott Group
5701 South Division
Grand Rapids, Michigan 49548

RE: The tariff classification of 100% cotton primary carpet backing from Hong Kong.

Dear Mr. Shapiro:

In your letter dated October 27, 1994 you requested a classification ruling.

You have submitted a sample of a basket woven 100% cotton fabric which you designate as an all cotton "canvas". The fabric contains 11 warp ends per centimeter and 11.4 filling picks per centimeter. It is constructed using 10/2 c.c. yarns in both the warp and filling. This fabric weighs approximately 294 g/m2 and will be imported in a range of widths varying between 100 and 300 centimeters. Every 50 warp ends two dyed ends are employed as so called "marker" threads which are used as guides when the fabric is used in the manufacture of carpets. The balance of the warp ends and all of the filling picks are unbleached.

Your correspondence also requests a ruling on a similar 100% cotton basket woven fabric for which no sample is currently available. This fabric contains 11 warp ends per centimeter and 10.2 filling picks per centimeter. It will be constructed using 12/3 c.c. yarns in both the warp and the filling. Weighing 320 g/m2, this item will be imported in varying widths ranging from 100 to 300 centimeter. This product also will contain dyed "marker" yarns every fifty warp ends with the balance composed of unbleached yarns.

Your letter, in addition, requests the classification of two woven fabric with identical constructions to the fabrics described above except that the "marker" threads would be omitted. That is to say all of the yarns would be unbleached.

The applicable subheading for the two woven fabric containing the dyed "marker" threads will be 5209.49.0090, 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 200g/m2, of yarns of different colors, other fabrics, other. The duty rate will be 8.9 percent ad valorem.

The applicable subheading for the two woven fabric which do not contain the dyed "marker" threads will be 5209.19.0090,HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200g/m2, unbleached, other fabrics, other. The duty rate will be 6.5 percent ad valorem.

The two woven fabrics containing the dyed "marker" yarns fall within textile category designation 218. Based upon international textile trade agreements products of Hong Kong are subject to export license requirements.

The two woven fabrics that do not contain the dyed "marker" yarns fall within textile category designation 220. Based upon international textile trade agreements products of Hong Kong are subject to export license requirements.

The designated textile and apparel categories 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
New York Seaport

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