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NY I83406





July 8, 2002

CLA-2-52:RR:NC:TA:352 I83406

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.39.0090; 5211.41.0020

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

RE: The tariff classification of four cotton/man-made fiber blend woven fabrics from China or Hong Kong.

Dear Mr. Awana:

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

Four samples of woven fabric accompanied your request for a ruling. Style SOTB “Outback Stretch Canvas” color Khaki is a dyed basket woven fabric composed of 96% cotton and 4% spandex. It is characterized by having been plain woven except that each group of two warp ends and each group of two filling picks are woven as one in a classic basket weave. It contains 47 single yarns per centimeter in the warp and 31 single yarns per centimeter in the filling. This product is constructed using 21/1 c.c. yarns in the warp and core spun yarns consisting of cotton fiber spun around a core of filament spandex in the filling. Weighing 270 g/m2, this item will be imported in 120 centimeter widths. Style SOTB “Outback Stretch Canvas” color Atlantis is identical in fiber content and construction and varies only in the color which the fabric has been dyed.

Style SPMN “Stretch Cotton/Polyester Cross Hatch” color Rio Gold is a plain woven fabric constructed with yarns of different colors. It is composed of 77% cotton, 21% polyester and 2% spandex. This item contains 28 single yarns per centimeter in the warp and 19 single yarns per centimeter in the filling. It is manufactured using 12/1 c.c. yarns in the warp and a combination of 16/1 c.c., 17/1 c.c. and core spun yarns consisting of staple fiber spun around a core of filament spandex in the filling. Weighing 234 g/m2, this fabric will be imported in 131 centimeter widths. Style SPMN “Stretch Cotton/Polyester Cross Hatch” color Follies Night is identical in construction and fiber content to the fabric described and designated as color Rio Gold and varies only in the colors that the yarns have been dyed.

The applicable subheading for the two basket woven fabric designated as style SOTP “Outback Stretch Canvas” colors Khaki and Atlantis will be 5209.39.0090, 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, other, other. The duty rate will be 8.5% ad valorem.

The applicable subheading for the two plain woven fabric designated as style SPMN “Stretch Cotton/Polyester Cross Hatch” colors Rio Gold and Follies Night will be 5211.41.0020, 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, plain weave, not napped. The duty rate will be 8.4% ad valorem.

Style SOTB “Outback Stretch Canvass” colors Khaki and Atlantis fall within textile category designation 220. Based upon international textile trade agreements products of China and Hong Kong are subject to quota and the requirement of a visa.

Style SPMN “Stretch Cotton/Polyester Cross Hatch” colors Rio Gold and Follies Night fall within textile category designation 218. Based upon international textile trade agreements products of China and 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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