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NY E81991




February 6, 2001

CLA-2-52:RR:NC:TA:352 E81991

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.29.0090

Ms. Pegi Walker
MCA International Company, Inc.
534 Medlock Road, Suite 210
Decatur, GA 30030

RE: The tariff classification of cotton woven from Brazil.

Dear Ms. Walker:

In your letter dated May 25, 1999 you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. The first designated as sample 1, is a woven fabric which has been formed by grouping a series of bleached two ply 100% cotton yarns and assembling them into a strip by means of a plastic adhesive. These strips are then woven into a fabric which exhibit a twill construction. You indicate that the unusual texture of the strips is achieved by incorporating ground cotton seeds with the agglomerating resin. Laboratory analysis indicates that this fabric contains 71.2 single yarns per centimeter in the warp and 43.2 single yarns per centimeter in the filling. Weighing 386.4 g/m2, this fabric will be imported in widths varying between 100 and 200 centimeters.

Sample 2 is a woven fabric which has been formed by grouping a series of bleached two ply 100% cotton yarns and assembling them into a strip by means of a plastic adhesive. These strips are then woven into a fabric which exhibit a twill construction. You indicate that the unusual texture of the strips is achieved by incorporating ground cotton seeds with the agglomerating resin. Laboratory analysis indicates that this fabric contains 90 single yarns per centimeter in the warp and 68 single yarns per centimeter in the filling. Weighing 370.5 g/m2, this fabric will be imported in widths varying between 100 and 200 centimeters.

Sample 3 is a woven fabric which has been formed by grouping a series of bleached two ply 100% cotton yarns and assembling them into a strip by means of a plastic adhesive. These strips are then woven into a fabric which exhibit a twill construction. You indicate that the unusual texture of the strips is achieved by incorporating ground cotton seeds with the agglomerating resin. Laboratory analysis indicates that this fabric contains 90 single yarns per centimeter in the warp and 68 single yarns per centimeter in the filling. Weighing 375.2 g/m2, this fabric will be imported in widths varying between 100 and 200 centimeters.

The applicable subheading for the three woven fabrics will be 5209.29.0090, 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, bleached, other fabrics, other. The duty rate will be 7.7 percent ad valorem.

All these fabrics fall within textile category designation 220. Based upon international textile trade agreements products of Brazil 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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