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NY 883888




April 6, 1993

CLA-2-52:S:N:N6:352 883888

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.59.0020; 5211.49.0020; 5513.41.0060; 5209.49.0040

Mr. Zia Khan
Trading Co. of America
70 West 36th Street
New York, NY 10018

RE: The tariff classification of 5 samples of woven fabric from Pakistan.

Dear Mr. Khan:

In your letter dated March 12, 1993, you requested a tariff classification ruling.

You have submitted five samples of woven fabric. Sample no. 1 is composed of 77.3% cotton and 22.7% filament polyester. The fabric contains 82.3 single yarns per centimeter in the warp and 18.9 single yarns per centimeter in the filling. It is constructed using polyester yarns in the warp and cotton yarns in the filling. The printed fabric is satin woven and it weighs 233 g/m2. It will be imported in widths ranging between 137 and 139 centimeters.

Sample no. 2 is jacquard woven constructed with yarns of different colors. The fabric is composed of 60% cotton and 40% filament polyester. It contains 94.5 single yarns per centimeter in the warp and 15.7 single yarns per centimeter in the filling. The fabric is manufactured using polyester yarns in the warp and cotton yarns in the filling. This merchandise weighs approximately 242 g/m2 and it will be imported in 119 centimeter widths.

Sample no. 3 is composed of 52% spun polyester and 48% cotton. This plain woven product is printed and weighs 95 g/m2. It is constructed using 35/1 c.c. yarns in both the warp and the filling. We assume that these yarns are not combed. This fabric contains 29.9 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. The average yarn number has been calculated to be 53 in the metric system.

Sample no. 4 is jacquard woven with yarns of different colors. It is composed of 100% cotton and it weighs approximately 302 g/m2. The fabric contains 39.4 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. This textile product is constructed using 30/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. It will be imported in 119 centimeter widths.

In reference to sample no. 5, we do not have sufficient information to render a classification at this time. However, if you would like to have a binding ruling on this textile product, the following information is required in order to determine how this merchandise would be classified:

(a) the man-made fiber content by weight, identified by generic name

(b) the weight of the metallized yarns

Please note that the metallized yarns are not considered man-made fiber for tariff purposes.

The applicable subheading for sample no. 1, will be 5211.59.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, printed, other fabrics, satin weave or twill weave, sateen. The rate of duty will be 9.7 percent ad valorem.

The applicable subheading for sample no. 2, will be 5211.49.0020, HTS, which provides for woven fabrics of cotton, containing less than 85 percent by weight of cotton, mixed mainly or solely with man-made fibers, weighing more than 200 g/m2, of yarns of different colors, other fabrics, jacquard woven. The rate of duty will be 9.7 percent ad valorem.

The applicable subheading for sample no. 3, will be 5513.41.0060, 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, printed, of polyester staple fibers, plain weave, printcloth. The rate of duty will be 17 percent ad valorem.

The applicable subheading for sample no. 4 will be 5209.49.0040, 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, other fabrics, jacquard woven, other. The rate of duty will be 8.9 percent ad valorem.

Sample no. 1 falls within textile category designation 326. Based upon international textile trade agreements, products of Pakistan are subject to quota restrictions and visa requirements.

Sample no. 3 falls within textile category designation 615. Based upon international textile trade agreements, products of Pakistan are subject to quota restrictions and visa requirements.

Sample nos. 2 & 4 fall within textile category designation 220. Based upon international textile trade agreements, products of Pakistan are subject to 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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