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NY I82022




June 10, 2002

CLA-2-52:RR:NC:TA:352 I82022

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.43.0030; 5209.42.0060

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

RE: The tariff classification of three twill woven cotton 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 twill woven fabric accompanied your request for a ruling. The first, designated as style SDHX “Cotton Spandex Multi Indigo Stripe with White”, is a 3 X 1 twill woven fabric composed of 98% cotton and 2% filament spandex. It contains 30 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed with yarns of different colors and features bleached white filling yarns and groups of bleached and dyed yarns in the warp creating a striped fabric. Weighing 390 g/m2, this item will be imported in 135 centimeter widths.

Style DTRN “Super Dark Denim 2X1 Twill Non Stretch” is a 2 X1 warp face twill woven fabric composed of 100% cotton. It contains 31 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. This product is manufactured with yarns of different colors and features bleached white yarns in the filling and black yarns in the warp. Weighing 287 g/m2, this fabric will be imported in 150 centimeter widths.

Style SDAQ “Stretch 10 Oz. Streaky Denim 2 X 1 Twill” is a 2X1 warp face twill woven fabric composed of 98% cotton and 2% spandex. It contains 31 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed with yarns of different colors and features bleached white yarns in the filling and blue yarns of different shades in the warp creating a streaked surface appearance. Weighing 337 g/m2, this fabric will be imported in 130 centimeter widths.

The applicable subheading for the two twill woven fabrics designated as styles SDAQ and SDHX 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 twill woven fabric designated as style DTRN will be 5209.42.0060, 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, other denim, weighing not more than 360 g/m2. The duty rate will be 8.5 percent ad valorem.

All three fabrics fall 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.

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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