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NY F82841




May 19, 2000

CLA-2-52:RR:NC:TA:352 F82841

CATEGORY: CLASSIFICATION

TARIFF NO.: 5210.42.0000; 5210.32.0000; 5210.22.0000

Mr. Bob Glover
L.E. Coppersmith, Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of four cotton/synthetic fiber twill woven fabrics from Taiwan.

Dear Mr. Glover:

In your letter dated January 19, 2000, on behalf of your client Neman Brothers Inc., you requested a classification ruling.

Four samples of woven fabric accompanied your request for a ruling. All the fabrics are designated as pattern 6305 and vary only in color. The first, designated as White-Dyed-Solid Dyed, is a 4X1 twill woven fabric composed of 53.4% cotton, 42.5% filament nylon and 4.1% filament spandex. The fabric contains 86.6 single yarns per centimeter in the warp and 33.9 single yarns per centimeter in the filling. The filling yarns consist of cotton fiber core spun around a single filament of spandex while the warp yarns consist of multi-filament nylon yarns. The fabric is white in color and your letter indicates that this fabric has been dyed white. Weighing 161 g/m2, this item will be imported in 113 centimeter widths.

Style Powder Blue-Solid Dyed is a 4X1 twill woven fabric composed of 55.1% cotton, 41.2% filament nylon and 3.7% filament spandex. The fabric contains 78 single yarns per centimeter in the warp and 33 single yarns per centimeter in the filling. The filling yarns consist of cotton fiber core spun around a single filament of spandex while the warp yarns consist of multi-filament nylon yarns. The fabric is blue in color and has been dyed a single uniform color in a union dyeing process. Weighing 159.5 g/m2, this item will be imported in 113 centimeter widths.

Style Burgandy-Solid Dyed is a 4X1 twill woven fabric composed of 54.6% cotton, 41.7% filament nylon and 3.7% filament spandex. The fabric contains 80.3 single yarns per centimeter in the warp and 31.5 single yarns per centimeter in the filling. The filling yarns consist of cotton fiber core spun around a single filament of spandex while the warp yarns consist of multi-filament nylon yarns. The fabric is burgundy in color and your letter indicates that this fabric has been dyed a single uniform color in a union dyeing process. Weighing 163.7 g/m2, this item will be imported in 113 centimeter widths.

Style Wine-Piece Dyed (two tone colors) is a 4X1 twill woven fabric composed of 54.1% cotton, 41.9% filament nylon and 4% filament spandex. The fabric contains 80.3 single yarns per centimeter in the warp and 33.1 single yarns per centimeter in the filling. The filling yarns consist of cotton fiber core spun around a single filament of spandex while the warp yarns consist of multi-filament nylon yarns. The fabric contains yarns of different colors with the filling dyed wine and the warp dyed black in a cross dyeing process. Weighing 154.8 g/m2, this item will be imported in 113 centimeter widths.

The applicable subheading for the fabric designated as White-Dyed-Solid Dyed will be 5210.22.0000, 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, bleached, 3-thread or 4-thread twill, including cross twill. The duty rate will be 10.3 percent ad valorem.

The applicable subheading for the fabric designated as Wine-Piece Dyed (two tone colors) will be 5210.42.0000, 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, 3-thread or 4-thread twill, including cross twill. The duty rate will be 10.4 percent ad valorem.

The applicable subheading for the fabrics designated as Powder Blue-Solid dyed and Burgandy-Solid Dyed will be 5210.32.0000, 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, Dyed, 3-thread or 4-thread twill, including cross twill. The duty rate will be 10.4 percent ad valorem.

Styles White-Dyed-Solid Dyed, Powder Blue-Solid Dyed and Burgandy-Solid Dyed fall within textile category designation 317. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

Style Wine-Piece Dyed (two tone colors) 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 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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