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NY I81508




June 3, 2002

CLA-2-52:RR:NC:TA:352 I81508

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.43.0030: 5211.43.0030

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

RE: The tariff classification of three styles of cotton/man-made fiber blend twill woven fabrics from Hong Kong.

Dear Mr. Awana:

In your letter dated May2, 2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.

Three styles of twill woven fabric accompanied your request for a ruling. The first, designated as style SDFW, is a twill woven fabric created by weaving alternating stripes of 2 X 2 left hand cross twill with 2 X 2 right hand cross twill resulting in a herringbone pattern. This product is constructed with yarns of different colors and is composed of 98% cotton and 2% spandex. It contains 33 warp ends per centimeter and 18 filling picks per centimeter. This item is manufactured using 10/1 c.c. yarns in the warp and 15/1 c.c. cotton yarns combined with 70 denier filament spandex yarns in the filling. Weighing 342 g/m2, this fabric will be imported in 132 centimeter widths.

Style SDRK is a twill woven fabric characterized by having been woven with alternating stripes of 2 X 1 warp face twill and 1 X 2 filling face twill creating the appearance of a white stripe on the face of the fabric. This product is manufactured with an indigo warp and a white filling and is considered a fabric made with yarns of different colors. It is composed of 98% cotton and 2% spandex and contains 33 warp ends per centimeter and 21 filling picks per centimeter. Weighing 342 g/m2, this fabric will be imported in 135 centimeter widths.

Style STXR is a twill woven fabric characterized by having been woven with alternating stripes of 2 X 1 warp face twill and 1 X 2 filling face twill creating the appearance of a lighter stripe on the face of the fabric. This product is manufactured with a black warp and a gray filling and is considered a fabric made with yarns of different colors. It is composed of 75% cotton 23% filament polyester and 2% filament spandex and contains 33 warp ends per centimeter and 23 filling picks per centimeter. Weighing 342 g/m2, this fabric will be imported in 135 centimeter widths. Your correspondence indicates that this style fabric will also be imported with alternate color schemes including color combinations designated as “Khaki”, Glacier”, “Sparrow”, “Follies Night”, “Fedora”, “Mata Hari Henna” and “Torpedo as well as the item described above and designated as “Black.”. Each of the fabrics will be identical in construction and fiber content as the fabric designated as color “Black” and will vary only in the colors that the warp yarns and filling yarns have been dyed. In each case the warp will be dyed a single dark color with the filling yarns either white or a lighter color often a lighter shade of the color of the warp yarns. These color combinations result in a lighter colored stripe in those sections of the fabric that have been woven with the filling face twill.

The applicable subheading for the woven fabrics designated as styles SDFW and SDRK will be 5209.43.0030, 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, other fabrics of 3-thread and 4-thread twill, including cross twill, not napped. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the woven fabrics designated as style STRX including all the color variations 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, weighing more than 200 g/m2, of yarns of different colors, other fabrics of 3-thread and 4-thread twill, including cross twill, not napped. The duty rate will be 8.4 percent ad valorem.

All three fabric styles 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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