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NY F82200




April 18, 2000

CLA-2-52:RR:NC:TA:352 F82200

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.41.6000

Mr. Stephen Wong
Oceanland Service, Inc.
P.O. Box 1249
8054 E. Garvey Ave., #200
Rosemead, CA 91770

RE: The tariff classification of three cotton/nylon blend plain woven fabrics from Korea and Taiwan.

Dear Mr. Wong:

In your letter dated January 11, 2000, on behalf of your client Sun Action Textiles Inc., you requested a classification ruling.

Three samples of plain woven fabric accompanied your request for a ruling. The fabrics are said to be identical in construction and vary only in color. The first, designated as color Khaki, is a plain woven fabric that is said to have been dyed. However, the laboratory has found that because of the different fibers in the warp and weft, the fabric contains yarns colored different shades of tan. Laboratory analysis indicates that this fabric is composed of 65.2% cotton and 34.8% filament nylon. It contains 44.5 single yarns per centimeter in the warp and 30.8 single yarns per centimeter in the filling. Weighing 128.5 g/m2, this product will be imported in 150 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 58 in the metric system.

Color Charcoal, is a plain woven fabric that is said to have been dyed. However, the laboratory has found that because of the different fibers in the warp and weft, the fabric contains yarns colored different shades of gray. Laboratory analysis indicates that this fabric is composed of 66% cotton and 34% filament nylon. It contains 42.9 single yarns per centimeter in the warp and 29.7 single yarns per centimeter in the filling. Weighing 126.3 g/m2, this product will be imported in 150 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 57 in the metric system.

Color Navy, is a plain woven fabric that is said to have been dyed. However, the laboratory has found that because of the different fibers in the warp and weft, the fabric contains yarns colored different shades of blue. Laboratory analysis indicates that this fabric is composed of 65.9% cotton and 34.1% filament nylon. It contains 45.3 single yarns per centimeter in the warp and 29.7 single yarns per centimeter in the filling. Weighing 136.5 g/m2, this product will be imported in 150 centimeter widths. Based on the data developed by the Customs Laboratory, the average yarn number for this fabric has been calculated to be 55 in the metric system.

The applicable subheading for the three woven fabrics will be 5210.41.6000, 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 not more than 200 g/m2, of yarns of different colors, plain weave, of numbers 43 to 68. The duty rate will be 12.2 percent ad valorem.

These fabrics fall within textile category designation 218. Based upon international textile trade agreements products of Korea and 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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