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NY E88764




October 28, 1999

CLA-2-52:RR:NC:TA:352 E88764

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.33.0000; 5209.32.0020; 5209.32.0040

Ms. Katherine Tang
Budge Industries, Inc.
Hilltown Industrial Park
821 Tech Drive
Telford, PA 18969

RE: The tariff classification of four dyed twill woven 100% cotton fabrics from China.

Dear Ms. Tang:

In your letter dated October 8, 1999 you requested a classification ruling.

Four samples of twill woven fabric accompanied your request. The first, designated as item 1, is a 3X1 twill woven fabric composed of 100% cotton. This product has been dyed a single uniform brown color. It contains 50.4 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. The fabric has been constructed using 20/1 c.c. yarns in the warp and 16/1 c.c. yarns in the filling. Weighing 256 g/m2, this item will be imported in 152 centimeter widths.

Item 2 is a 3X1 twill woven fabric composed of 100% cotton. It has been dyed a single uniform gray color and has been brushed on one side. It contains 23.6 single yarns per centimeter in the warp and 12.6 single yarns per centimeter in the filling. This product has been constructed using 21/1 c.c. yarns in the warp and 7/1 c.c. yarns in the filling. Weighing 194 g/m2, this fabric will be imported in 152 centimeter widths.

Item 3 is a 3X1 twill woven fabric which has been dyed a single uniform blue color. It is composed of 100% cotton and has been brushed on one side. This fabric contains 50.4 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. It is constructed using 20/1 c.c. yarns in the warp and 14/1 single yarns per centimeter in the filling. Weighing 238 g/m2, this item will be imported in 152 centimeter widths.

Item 4 is a 3X1 twill woven fabric which has been dyed a single uniform beige color. It is composed of 100% cotton and has been brushed on one side. This fabric contains 26 single yarns per centimeter in the warp and 14 single yarns per centimeter in the filling. It is constructed using 21/1 c.c. yarns in the warp and 10/1 c.c. yarns in the filling. Weighing 271 g/m2, this product will be imported in 152 centimeter widths.

The applicable subheading for the twill woven fabric designated as item 1 will be 5209.32.0020, 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 200 g/m2, dyed, 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.6 percent ad valorem.

The applicable subheading for the twill woven fabric designated as item 2 will be 5208.33.0000, 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, dyed, 3-thread or 4-thread twill, including cross twill. The duty rate will be 10.3 percent ad valorem.

The applicable subheading for the twill woven fabrics designated as items 3 and 4 will be 5209.32.0040, 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 200 g/m2, dyed, 3-thread or 4-thread twill, including cross twill, napped. The duty rate will be 8.6 percent ad valorem.

All four fabrics fall within textile category designation 317. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Your correspondence also asks whether antidumping duties apply to any of these product. At the present time there are no antidumping duties applicable to these products from China.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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