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NY E89730




November 12, 1999

CLA-2-52:RR:NC:TA:352 E89730

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.42.0060; 5209.41.6020

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

RE: The tariff classification of cotton/polyester blend woven fabrics from Taiwan.

Dear Mr. Awana:

In your letter dated November 1, 1999, on behalf of your client LMJ & Associates you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as “Bottom Line 8 Oz Disco Denim” style “BOTM”, is a 2 X 1 warp face twill woven fabric composed of 61% cotton and 39% filament polyester. The warp has been dyed black while the filling is unbleached. This product contains 29.9 single yarns per centimeter in the warp and 19.7 single yarns per centimeter in the filling. It is constructed using 12/1 c.c. staple yarns in the warp and 450 denier filament yarns in the filling. Weighing 290.6 g/m2, this fabric will be imported in 152 centimeter widths.

The second fabric, designated as “Funky Town 9 Oz. Pick and Pick Disco Denim, Style FNKY, is a plain woven fabric composed of 85% cotton and 15% filament polyester. The warp has been dyed dark indigo while the filling yarns alternate between dyed indigo yarns and unbleached yarns that are white. This item contains 25.6 single yarns per centimeter in the warp and 13.8 single yarns per centimeter in the filling. It is constructed using 10/1 c.c. cotton yarns in the warp and 450 denier polyester filament yarns alternating with 10/1 c.c. cotton yarns in the filling. Weighing 258.3 g/m2, this fabric will be imported in 152 centimeter widths.

The applicable subheading for the twill woven fabric designated as “Bottom Line 8 Oz Disco Denim” style “BOTM” will be 5211.42.0060, 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, denim, other denim, weighing not more than 360 g/m2. The duty rate will be 8.9 percent ad valorem.

The applicable subheading for the plain woven fabric designated as “Funky Town 9 Oz Disco Denim” style “FNKY” will be 5209.41.6020, 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, of yarns of different colors, plain weave, other, not napped. The duty rate will be 8.2 percent ad valorem.

Both fabrics fall 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 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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