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NY G82231





September 20, 2000

CLA-2-52:RR:NC:TA:352 G82231

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.42.0020; 5211.42.0060; 5211.43.0030

Mr. Ernie Stein
Norman Kreiger, Inc.
5761 West Imperial Highway
Los Angeles, CA 90045

RE: The tariff classification of eight cotton/polyester/spandex blend twill woven fabrics of yarns of different colors from Hong Kong.

Dear Mr. Stein:

In your letter dated August 28, 2000, on behalf of your client Twin Dragon Marketing Inc., you requested a classification ruling.

Eight samples of twill woven fabric accompanied your request for a ruling. These samples represented three styles and within each style various color combinations were submitted. The fabrics with the same style number are identical in construction, weight, weave and fiber content and vary only as to the color of the yarns. The first style, designated as style #1372, is a 2 X 1 warp face twill woven fabric composed of 60% cotton, 36% filament polyester and 4% spandex. It contains 41 warp ends per centimeter and 24 filling picks per centimeter. This product is constructed using 16/1 c.c. yarns in the warp and 150 denier 2 ply combined with 70 denier filament spandex yarn in the filling. This fabric weighs 271 g/m2 and will be imported in 145 centimeter widths. The fabric designated as style 1372 “Bright Pink” is constructed with pink yarns in the warp and a lighter shade of pink yarns in the filling. The fabric designated as style 1372 “Dark Navy” is constructed with dark blue yarns in the warp and light blue yarns in the filling. The fabric designated as style 1372 “Dark Brown” is manufactured with dark brown yarns in the warp and light brown yarns in the filling.

Style #1376 is a 2 X 1 warp face twill woven fabric composed of 68% cotton, 30% filament polyester and 2% spandex. It contains 43 warp ends per centimeter and 24 filling picks per centimeter. This product is constructed using 16/1 c.c. yarns in the warp and 100 denier 2 ply combined with 70 denier filament spandex yarn in the filling. This fabric weighs 237 g/m2 and will be imported in 135 centimeter widths. The fabric designated as style 1376 “Khaki” is constructed with beige yarns in the warp and white yarns in the filling. The fabric designated as style 1376 “Indigo” is constructed with dark blue yarns in the warp and light gray yarns in the filling. The fabric designated as style 1376 “Turquoise” is manufactured with sky blue yarns in the warp and white yarns in the filling.

Style #8346 is a 2 X 1 warp face twill woven fabric composed of 56% cotton, 40% staple polyester and 4% spandex. It contains 44 warp ends per centimeter and 18 filling picks per centimeter. This product is constructed using 16/1 c.c. yarns in the warp and 16/1 c.c. combined with 70 denier filament spandex yarn in the filling. This fabric weighs 254 g/m2 and will be imported in 135 centimeter widths. The fabric designated as style 8346 “Light Charcoal” is constructed with marl or mixture yarns (black and white fiber) in the warp and a black yarns in the filling. The fabric designated as style 8346 “Seal Brown” is constructed with marl or mixture yarns (dark brown and white fibers) in the warp and dark brown yarns in the filling.

The applicable subheading for the fabrics designated as style 1372 “Bright Pink” and 1372 “Dark Brown” 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, of yarns of different colors, denim, other denim, weighing not more than 360 g/m2. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for the fabric designated as style 1372 “Dark Navy” will be 5211.42.0020, 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, of yarns of different colors, denim, blue denim, weighing not more than 360 g/m2. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for the fabric designated as style 1376 “Khaki” 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, of yarns of different colors, denim, other denim, weighing not more than 360 g/m2. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for the fabrics designated as style 1376 “Indigo” and 1376 “Turquoise” will be 5211.42.0020, 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, of yarns of different colors, denim, blue denim, weighing not more than 360 g/m2. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for the fabrics designated as style 8346 “Light Charcoal” and 8346 “Seal Brown” will be 5211.43.0030, 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, of yarns of different colors, other fabrics of 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.7 percent ad valorem.

The fabrics designated as styles 1372 “Dark Navy”, 1376 “Indigo” and 1376 “Turquoise” fall within textile category designation 225. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The fabrics designated as styles 1372 “Bright Pink”, 1372 “Dark Brown”, 1376 “Khaki”, 8346 “Light Charcoal” and 8346 “Seal Brown” fall within textile category designation 218. Based upon international textile trade agreements products of Hong Kong 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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