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NY I83558




July 16, 2002

CLA-2-52:RR:NC:TA:352 I83558

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.29.8090; 5208.39.8090; 5209.39.0040

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

RE: The tariff classification of seven samples of 97% cotton/3% spandex blend woven fabric from Hong Kong or China.

Dear Mr. Awana:

In your letter dated July 9,2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.

Seven samples of woven fabric accompanied your request for a ruling. The first five samples, designated as style SRCI, are identical in fiber content and construction and differ only as to color. The colors are designated as “White”, “Sweet Water”, “Nirvana”, “Fedora” and “Perca”. The fabric designated as “White” is considered a bleached fabrics while the other four color designations are considered dyed since they have been dyed a single uniform color other than white. Each of the fabrics is a dobby woven fabric composed of 97% cotton and 3% spandex and is characterized by vertical stripes. They contain approximately 63 single yarns per centimeter in the warp and 28.35 single yarns per centimeter in the filling. These fabrics are constructed using 50/1 c.c. yarns in the warp and core spun yarns composed of cotton fiber spun around a 40 denier spandex core in the filling. Weighing 118 g/m2, this product will be imported in 121 centimeter widths. Based on the data provide, the average yarn number for these fabrics has been calculated to be 77 in the metric system.

The two samples identified as style SSTC are dyed fabrics with color designations “Follies Night” and “Honeybee”. Both fabrics are identical in fiber content and construction and are characterized by a prominent twill line created by interlacing the yarns in a complex twill pattern. They are composed of 97% cotton and 3% spandex and contain 43 single yarns per centimeter in the warp and 22 single yarns per centimeter in the filling. Weighing 253 g/m2, these products will be imported in 125 centimeter widths.

The applicable subheading for the dobby woven fabric designated as style SRCI color “White” will be 5208.29.8090, 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, other fabrics, other, of number 69 or higher number, other. The duty rate will be 13.5 percent ad valorem.

The applicable subheading for the dobby woven fabrics designated as style SRCI colors “Sweet Water”, “Nirvana”, “Fedora” and “Perca” will be 5208.39.8090, 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, dyed, other fabrics, other, of number 69 or higher number, other. The duty rate will be 12.9 percent ad valorem.

The applicable subheading for the twill woven fabrics designated as style SSTC colors “Follies Night” and “Honeybee” will be 5209.39.0040, 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, other. The duty rate will be 8.5 percent ad valorem.

The fabrics designated as style SRCI fall within textile category designation 220. Based upon international textile trade agreements products of China or Hong Kong are subject to quota and the requirement of a visa.

The fabrics designated as style SSTC fall within textile category designation 317. Based upon international textile trade agreements products of China or 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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