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July 22, 1999

CLA-2-52:RR:NC:TA:352 E84928

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.43.0030

Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass Road #205
Monterey Park, CA 91754

RE: The tariff classification of a cotton/polyester/spandex blend twill woven fabric from Taiwan.

Dear Mr. Awana:

In your letter dated July 15, 1999, on behalf of your client LMJ and Associates, you requested a classification ruling.

The submitted sample, designated as style SRP1, is a 2X1 twill woven fabric composed of 54% cotton, 43% polyester and 3% spandex. It contains 43.3 warp ends per centimeter and 17.7 filling picks per centimeter. This product is constructed using 16/1 c.c. yarns in the warp and a combination of 16/1 c.c. yarns and 40 denier filament yarns in the filling. This fabric contains yarns that are colored two different shades of brown and is considered a woven fabric of yarns of different colors. The darker brown yarns are in the filling and the lighter brown yarns are in the warp. Weighing 254.3 g/m2, this item will be imported in 128 centimeter widths.

The applicable subheading for the twill woven fabric will be 5211.43.0030, 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, of yarns of different colors, other fabrics of 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.9 percent ad valorem.

This fabric falls within textile category designation 218. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

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. 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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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