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NY I82020




June 6, 2002

CLA-2-52:RR:NC:TA:352 I82020

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.31.6035; 5209.39.0020; 5209.43.0030

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

RE: The tariff classification of three cotton/spandex blend woven fabrics from Hong Kong or China.

Dear Mr. Awana:

In your letter dated May 21, 2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.

Three samples of woven fabric accompanied your request for a ruling. The first, designated as style SDS2, Pattern #A958 is a 2 X 1 twill woven fabric composed of 97% cotton and 3% spandex. It contains 43 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. This product is constructed using 16/1 c.c. yarns in the warp and a core spun yarn consisting of a 70 denier core of filament spandex encased in cotton fiber that has been spun around the core in the filling. It is characterized by vertical stripes that are created by using alternating groups of bleached warp yarns and dyed warp yarns. Weighing 270 g/m2, this item will be imported in 132 centimeter widths.

Style SSA7 “Cotton Sateen Spandex” is a dyed 4 X 1 satin woven fabric composed of 97% cotton and 3% spandex. It contains 75 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. This product is constructed using 32/1 c.c. yarns in the warp and core spun yarns consisting of a 40 denier core of filament spandex encased in cotton fiber equivalent to a 16/1 c.c. yarn that has been spun around the core in the filling. Weighing 250 g/m2, this product will be imported in 130 centimeter widths.

Style SCDY “Cotton Slub Spandex” is a dyed plain woven fabric composed of 97% cotton and 3% filament spandex. It contains 33.68 single yarns per centimeter in the warp and 20.87 single yarns per centimeter in the filling. This product is constructed using 14/1 c.c. yarns in the warp and core spun yarns consisting of a 70 denier core of filament spandex encased in cotton fiber equivalent to a 14/1 c.c. yarn that has been spun around the core in the filling. Weighing 218 g/m2, this product will be in 135 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 24 in the metric system.

The applicable subheading for the twill woven fabric designated as style SDS2 Pattern #A958 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 or 4-thread twill, including cross twill, not napped. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the satin woven fabric designated as style SSA7 “Cotton Sateen Spandex” will be 5209.39.0020, 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, dyed, other fabrics, satin weave or twill weave, sateens. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the plain woven fabric designated as style SCDY “Cotton Slub Spandex” will be 5209.31.6035, 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, dyed, plain weave, other, sheeting, not napped, other\. The duty rate will be 8.5 percent ad valorem.

Style SDS2 Pattern #A958 falls within textile category designation 218. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.

Style SSA7 “Cotton Sateen Spandex” falls within textile category designation 326. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.

Style SCDY “Cotton Slub Spandex” falls within textile category designation 313. Based upon international textile trade agreements products of Hong Kong and China 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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