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NY I87703




November 29, 2002

CLA-2-58:RR:NC:TA:352 I87703

CATEGORY: CLASSIFICATION

TARIFF NO.: 5802.19.0000; 5802.11.0000

Mr. Thomas G. Travis
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of unbleached, bleached and dyed 100% cotton terry toweling from Brazil.

Dear Mr. Travis:

In your letter dated November 8, 2002, on behalf of your client Coteminas, you requested a classification ruling. The samples are being returned as requested.

Two samples of woven loop pile fabric accompanied your request for a ruling. The samples are identical in fiber content and construction and vary only in that one sample has been bleached while the second sample has been dyed a single uniform color. The fabrics are woven terry toweling composed of 100% cotton. They are characterized by a loop pile construction on both the face and the back of the fabric as well as bands of flat weave containing no pile. Some of these bands of flat woven fabric running in both the warp and filling direction are design to facilitate the cutting of these fabrics into individual towels which will be finished by hemming. Some of the bands of flat weave running across the width of the fabric display a complex woven pattern and are designed as decorative accents. These fabrics will be imported in 152 centimeter widths. Your correspondence indicates that besides the samples provided, terry toweling of identical fiber content and construction may be imported in an unbleached condition.

The applicable subheading for the bleached and dyed terry toweling will be 5802.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for terry toweling and similar woven terry fabrics, other than narrow fabrics of heading 5806; tufted textile fabrics, other than products of heading 5703, terry toweling and similar terry fabrics, of cotton, other. The duty rate will be 9.7 percent ad valorem.

The applicable subheading for the unbleached terry toweling will be 5802.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for terry toweling and similar woven terry fabrics, other than narrow fabrics of heading 5806; tufted textile fabrics, other than products of heading 5703, terry toweling and similar terry fabrics, of cotton, unbleached. The duty rate will be 10.1 percent ad valorem.

The unbleached, bleached and dyed terry toweling fall within textile category designation 224. Based upon international textile trade agreements products of Brazil 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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