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NY H87103





January 23, 2002

CLA-2-52:RR:NC:TA:352 H87103

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.42.0020

Ms. Colleen O’Shea-Moran
Jo-Ann Stores Inc.
5555 Darrow Road
Hudson, Ohio 44236

RE: The tariff classification of a 100% cotton 4-thread twill woven blue denim fabric from Hong Kong.

Dear Ms O’Shea-Moran:

In your letter dated January 7, 2002 you requested a classification ruling.

The submitted sample, designated as style TY Blue Denim, is a 3 X 1 twill woven fabric composed of 100% cotton. It contains 31.2 single yarns per centimeter in the warp and 19.5 single yarns per centimeter in the filling. This product is constructed using 10/1 c.c. yarns in both the warp and filling and is manufactured with yarns of different colors. It is characterized by a indigo blue warp face and unbleached filling. Weighing approximately 339 g/m2, this fabric will be imported in 120 centimeter widths.

The applicable subheading for the twill woven blue denim fabric will be 5209.42.0020, 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, of yarns of different colors, denim, blue denim, weighing not more than 360 g/m2. The duty rate will be 8.5 percent ad valorem.

This fabric falls 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 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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