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NY F87247




July 13, 2000

CLA-2-52:RR:NC:TA:352 F87247

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.39.0090; 5210.49.6020

Ms. Mary Beth Osborne
W-C Designs
905 East Katella Avenue
Anaheim, CA 92805

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

Dear Ms. Osborne:

In your letter dated May 17, 2000 you requested a classification ruling.

Four samples of woven fabric accompanied your request for a ruling. Laboratory analysis of the first, designated as style Triangle Slub, indicates that this dyed dobby woven fabric is composed of 58.9% cotton and 41.1% staple polyester. The fabric is characterized by a series of diamond shaped designs woven into the fabric and distributed evenly over the surface of the fabric. This product contains 22 single yarns per centimeter in the warp and 14.2 single yarns per centimeter in the filling. Weighing 206.2 g/m2, this item will be imported in 152 centimeter widths.

Style Windsor is a dyed jacquard woven fabric composed of 58.5% cotton and 41.5% filament polyester. It is characterized by a intricate woven design featuring both floral and geometric motifs. Laboratory analysis indicates that this product contains 47.2 single yarns per centimeter in the warp and 28.7 single yarns per centimeter in the filling. Weighing 225.8 g/m2, this item will be imported in 152 centimeter widths.

Style Diamond Damask is a jacquard woven fabric constructed with yarns of different colors. The fabric is characterized by a woven geometric motif featuring large diamonds. Laboratory analysis indicates that this fabric is composed of 66.2% cotton and 33.8% filament polyester. It contains 67.7 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. Weighing 196.6 g/m2, this product will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 46 in the metric system.

Style Baron’s Court is a jacquard woven fabric constructed with yarns of different colors. The fabric is characterized by a woven floral motif featuring both flowers and foliage. Laboratory analysis indicates that this fabric is composed of 64.6% cotton and 35.4% filament polyester. It contains 66.9 single yarns per centimeter in the warp and 21.3 single yarns per centimeter in the filling. Weighing 187.5 g/m2, this product will be imported in 152 centimeter widths. Based on the data developed by the laboratory, the average yarn number for this fabric has been calculated to be 47 in the metric system.

The applicable subheading for the styles Triangle Slub and Windsor will be 5211.39.0090, 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, dyed, other fabrics, other. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for the fabrics designated as styles Diamond Damask and Baron’s Court will be 5210.49.6020, 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 yarn of different colors, other fabrics, other, of numbers 43 to 68, jacquard woven. The duty rate will be 11.1 percent ad valorem.

All four fabrics fall within textile category designation 220. 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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