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NY I80980




May 8, 2002

CLA-2-52:RR:NC:TA:352 I80980

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.49.0090

Mr. Denni Awana
Inter-Orient Services
1455 Monterey Pass Road, Suite #205
Monterey Park, CA 91754

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

Dear Mr. Awana:

In your letter dated April 26, 2002, on behalf of your client L.M.J. & Associates Inc., you requested a classification ruling.

Eight samples of woven fabric accompanied your request. Each of the samples carries the same style name , SNLT, and vary from each other only as to the color of the warp yarns. The color designations include “Honey Bee”, “Gala Red”, “Mata Hari Henna”, “Moss”, “Black”, “Caramel Hill”, “Sable Brown” and “Glacier”. Each of the fabric is identical in weave, density, weight and width. All 8 fabrics are woven with a complex twill and are composed of 70% cotton, 28% filament polyester and 2% filament spandex. They contain 49 warp ends per centimeter and 18 filling picks per centimeter. They are constructed using 16/1 c.c. cotton yarns in the warp and 150/2 denier polyester yarns combined with a 70 denier filament spandex yarn in the filling. Weighing 290 g/m2, these fabrics will be imported in 130 centimeter widths. Each of the fabrics has had their warp yarns dyed a single uniform color while the filling yarns are unbleached .

The applicable subheading for the eight twill woven fabrics designated as style SNLT will be 5211.49.0090, 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, of yarns of different colors, other fabrics, other. The duty rate will be 8.4 percent ad valorem.

All eight fabrics 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 646-733-3045.

Sincerely,

Robert B. Swierupski
Director,

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