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NY 884945




May 4, 1993

CLA-2-52:S:N:N6:352 884945

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.29.8020; 5210.21.8020; 5513.21.0020

Mr. Patrick D. Gill
Rode & Qualey
Attorney at Law
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of woven fabric from India and Malaysia.

Dear Mr. Gill:

In your letter dated April 9, 1993, on behalf of your client Capital Mercury Shirt Corp., you requested a tariff classification ruling.

You have submitted three samples of woven fabric identified as nos. 1 through 3. Sample no. 1 is composed of 100% bleached cotton. The fabric is woven as a plain weave except that two warp yarns are woven as one (taped warp). It is constructed using 80/2 c.c. yarns in the warp and 80/2 c.c. yarns in the filling. This fabric contains 126 single yarns per centimeter in the warp and 48.8 single yarns per centimeter in the filling. The merchandise weighs 140 g/m2 and the average yarn number has been calculated to be 124 in the metric system.

Sample no. 2 is composed of 55% cotton and 45% staple polyester. Your correspondence states that the merchandise is bleached. The fabric contains 43.3 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. It is constructed using 45/1 c.c. yarns in both the warp and filling. The fabric is plain woven and weighs 102.9 g/m2. The average yarn number has been calculated to be 71 in the metric system.

Sample no. 3 is composed of 65% staple polyester and 35% cotton. It contains 43.3 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. It is constructed using 45/1 c.c. yarns in both the warp and filling. This plain woven fabric weighs 105.2 g/m2 and it has been dyed a single uniform color. The average yarn number has been calculated to be 69 in the metric system.

The applicable subheading for sample no. 1, will be 5208.29.8020, 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 not more than 200 g/m2, bleached, other fabrics, other, of number 69 or higher number, oxford cloth. The rate of duty will be 13.5 percent ad valorem.

The applicable subheading for sample no. 2, will be 5210.21.8020, 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 not more than 200 g/m2, bleached, plain weave, of number 69 or higher number, poplin or broadcloth. The rate of duty will be 14.7 percent ad valorem.

The applicable subheading for sample no 3, will be 5513.21.0020, 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, dyed, poplin or broadcloth. The rate of duty will be 17 percent ad valorem.

Sample no. 1 falls within textile category designation 227. Based upon international textile trade agreements, products of India are subject to quota restraints and visa requirements.

Sample no. 2 falls within textile category designation 314. Based upon international textile trade agreements, products of Malaysia are subject to quota restraints and visa requirements.

Sample no. 3 falls within textile category designation 614. Based upon international textile trade agreements, products of Malaysia are subject to quota restraints and 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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