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NY I89556




December 23, 2002

CLA-2-52:RR:NC:TA:352 I89556

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.42.0040; 5513.11.0020; 5513.21.0020; 5208.12.6060; 5208.22.6060

Mr. Michael Brooks
The Square Yard Inc.
5150 S. Decatur
Las Vegas, NV 89118

RE: The tariff classification of five cotton and polyester/cotton blend woven fabrics from China.

Dear Mr. Brooks:

In your letter dated December 18, 2002 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as “Washed Denim”, is a 3 X 1 warp face twill woven fabric composed of 100% cotton. It contains 28 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. This product is constructed using 7/1 c.c. yarns in both the warp and the filling. It is characterized by blue warp yarns and bleached filling yarns and is considered a fabric of yarns of different colors. Weighing 396 g/m2, this item will be imported in 150 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 11 in the metric system.

Style “Bleached Poly Cotton” is a bleached plain woven fabric composed of 65% staple polyester and 35% cotton. It contains 43.3 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. This item is constructed using 45/1 c.c. yarns in both the warp and filling. Weighing 107 g/m2, this fabric will be imported in 112 centimeter widths. Based on the data provided, the average yarn number for this product has been calculated to be 68 in the metric system.

Style “Dyed Poly Cotton” is a dyed plain woven fabric composed of 65% staple polyester and 35% cotton. It contains 43.3 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. This item is constructed using 45/1 c.c. yarns in both the warp and filling. Weighing 107 g/m2, this fabric will be imported in 112 centimeter widths. Based on the data provided, the average yarn number for this product has been calculated to be 68 in the metric system.

Style “Greige Princloth” is an unbleached plain woven fabric composed of 100% cotton. It contains 26.8 single yarns per centimeter in the warp and 26.8 single yarns per centimeter in the filling. This product is constructed using 30/1 c.c. yarns in both the warp and filling. Weighing 115 g/m2, this fabric will be imported in 160 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 46 in the metric system

Style “Bleached Princloth” is an bleached plain woven fabric composed of 100% cotton. It contains 26.8 single yarns per centimeter in the warp and 26.8 single yarns per centimeter in the filling. This product is constructed using 30/1 c.c. yarns in both the warp and filling. Weighing 115 g/m2, this fabric will be imported in 147 centimeter widths. Based on the data provided, the average yarn number for this item has been calculated to be 46 in the metric system

The applicable subheading for the fabric designated as style “”Washed Denim” will be 5209.42.0040, 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, of yarns of different colors, denim, blue denim, weighing more than 360 g/m2. The duty rate will be 8.5 percent ad valorem in 2002 and 8.4 percent ad valorem in 2003.

The applicable subheading for the fabric designated as style “Bleached Poly Cotton” will be 5513.11.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, unbleached or bleached, of polyester staple fibers, plain weave, poplin or broadcloth. The duty rate will be 15.3 percent ad valorem in 2002 and 15.1 percent ad valorem in 2003.

The applicable subheading for the fabric designated as style “Dyed Poly Cotton” will be 5513.21.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing less than 85 percent by weight of such fibers, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m2, dyed, of polyester staple fibers, plain weave, poplin or broadcloth. The duty rate will be 15.3 percent ad valorem in 2002 and 15.1 percent ad valorem in 2003.

The applicable subheading for the fabric designated as style “Greige Printcloth” will be 5208.12.6060, 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, unbleached, plain weave, weighing more than 100 g/m2, of numbers 43 to 68, printcloth. The duty rate will be 9 percent ad valorem in both 2002 and 2003.

The applicable subheading for the fabric designated as style “Bleached Printcloth” will be 5208.22.6060, 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, numbers 43 to 68, printcloth. The duty rate will be 9 percent ad valorem in 2002 and 8.8 percent ad valorem in 2003.

The fabric designated as style “Washed 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 fabrics designated as styles “Bleached Poly Cotton” and “Dyed Poly Cotton” fall within textile category designation 614. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The fabrics designated as styles “Greige Printcloth” and “Bleached Printcloth” fall within textile category designation 315. 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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