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NY I82650




June 4, 2002

CLA-2-52:RR:NC:TA:352 I82650

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.22.6020; 5209.32.0020

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

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

Dear Mr. Awana:

In your letter dated May 28. 2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.

Two samples of woven fabric accompanied your request for a ruling. The first, designated as style SP06 “Stretch Poplin”, is a bleached plain woven fabric composed of 96% cotton and 4% filament spandex. It contains 39.37 warp ends per centimeter and 20.47 filling picks per centimeter. This product is constructed using 20/1 c.c. yarns in the filling and gimped 3 ply yarns in the filling consisting of a 40/2 cc. yarn combined with a 40 denier filament spandex yarn. Weighing 192 g/m2, this item will be imported in 115 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 52 in the metric system.

Style ST08(ST82) “Stretch Twill” is a dyed 2 X 1 twill woven fabric composed of 96% cotton and 4% filament spandex. It contains 44 warp ends per centimeter and 17 filling picks per centimeter. Weighing 250 g/m2, this item will be imported in 131 centimeter widths.

The applicable subheading for the plain woven fabric designated as style SP06 “Stretch Poplin” will be 5208.22.6020, 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 not more than 200 g/m2, bleached, plain weave, weighing more than 100 g/m2, of numbers 43 to 68, poplin or broadcloth. The duty rate will be 9 percent ad valorem.

The applicable subheading for the twill woven fabric designated as style ST08(ST82) “Stretch Twill” will be 5209.32.0020, 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, 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.5 percent ad valorem.

Style SP06 “Stretch Poplin” falls within textile category designation 314. Based upon international textile trade agreements products of both Hong Kong and China are subject to quota and the requirement of a visa.

Style ST08(ST82) “Stretch Twill” falls within textile category designation 317. Based upon international textile trade agreements products of both 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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