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NY I84368





July 22, 2002

CLA-2-52:RR:NC:TA:352 I84368

CATEGORY: CLASSIFICATION

TARIFF NO.: 5211.42.0060; 5209.42.0020

Mr. Zheng Nini
Zhejiang Zhongda Textiles Co., Ltd.
16th Floor Tower A, Zhongda Plaza
Hangzhou, China

RE: The tariff classification of two twill woven fabrics from China.

Dear Mr. Nini:

In your letter dated July 16, 2002 you requested a classification ruling.

Two samples of twill woven fabric accompanied your request for a ruling. The first, designated as sample 1 “Cotton/Poly Denim”, is a 2 X 1 warp face twill woven fabric composed of 60% cotton, 35% filament polyester and 5% filament spandex. This item contains black yarns in the warp and unbleached or bleached yarns in the filling. It is constructed using 16/1 c.c. cotton yarns in the warp and 300 denier polyester filaments yarns combined with 40 denier spandex yarns in the filling. This product contains 42 warp ends per centimeter and 21 filling picks per centimeter. Weighing 240 g/m2, this fabric will be imported in 146 centimeter widths.

Sample 2 “100% Cotton Denim” is a 100% cotton 2 X 1 twill woven fabric containing a blue warp and a bleached filling. It contains 33 single yarns per centimeter in the warp and 18 single yarns per centimeter in the filling. This product is constructed using 12/1 c.c. yarns in both the warp and filling. Weighing 287 g/m2, this fabric will be imported in 152 centimeter widths.

The applicable subheading for the twill woven fabric designated as sample 1 “Cotton/Poly Denim” will be 5211.42.0060, 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, denim, other denim, weighing not more than 360 g/m2. The duty rate will be 8.4 percent ad valorem.

The applicable subheading for the twill woven fabric designated as sample 2 “100%Cotton Denim” will be 5209.42.0020, 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, of yarns of different colors, denim, blue denim, weighing not more than 360 g/m2. The duty rate will be 8.5 percent ad valorem.

Sample 1 “Cotton/Poly Denim” falls within textile category designation 218. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

Sample 2 “100% Cotton Denim” falls within textile category designation 225. Based upon international textile trade agreements products of 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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