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NY I89742




January 24, 2003

CLA-2-60:RR:NC:TA:352 I89742

CATEGORY: CLASSIFICATION

TARIFF NO.: 6001.29.0000; 5809.00.0000; 5209.39.0060; 5209.41.3000

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

RE: The tariff classification of four knit and woven fabrics from Korea, Taiwan and India.

Dear Mr. Brooks:

In your letter dated January 3, 2003 you requested a classification ruling.

Four samples of knit and woven fabric accompanied your request for a ruling. The first, designated as style W1095, is a weft knit fabric of looped pile construction manufactured in Korea. It is composed of 75% nylon and 25% metalized yarn. The metalized yarn is inserted during the knitting process and is configured so that it creates a series of loops projecting up from the knit surface creating a pile fabric. Distributed over the face of the fabric are metalized plastic sequins that have been glued in place creating a highly decorative surface. Weighing 88 g/m2, this product will be imported in 113 centimeter widths.

Style A400021/A033 is a plain woven fabric constructed of yarns of different colors and manufactured in Taiwan. It is composed of 55% metalized yarns and 45% filament nylon. This product contains 37 single yarns per centimeter in the warp and 22 single yarn per centimeter in the filling. Weighing 34 g/m2, this fabric will be imported in 113 centimeter widths.

Style “100% Cotton Slub Duck” is a dyed fabric composed of 100% cotton and produced in India. It is characterized by having been woven with a plain weave except that each group of two warp ends is woven as one (taped warp). This product contains 34 single yarns per centimeter in the warp and 12 single yarns per centimeter in the filling. It is constructed using 16/1 c.c. yarns in the warp and 8/1 c.c. yarns in the filling. Weighing 245 g/m2, this item will be imported 137 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 18 in the metric system.

Style “1.75 Inch Check 100% Cotton Handloom” is a 100% cotton plain woven fabric constructed with yarns of different colors and is produced in India. It is characterized by a check pattern and is stated to be manufactured on a handloom. It contains 28 warp ends per centimeter and 12 filling picks per centimeter. This product is constructed using 40/2 c.c. yarns in the warp and 4/1 c.c. yarns in the filling. Weighing 280 g/m2, this item will be imported in 137 centimeter widths.

The applicable subheading for the knit fabric designated as style W1095 will be 6001.29.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pile fabrics, including “long pile” fabrics and terry fabrics, knitted or crocheted, looped pile fabrics, of other textile materials. The duty rate will be 7.1 percent ad valorem.

The applicable subheading for the woven fabric designated as style A400021/A033 will be 5809.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of metal thread and woven fabrics of metalized yarn of heading 5605, of a kind used in apparel, as furnishing fabrics or for similar purposes, not elsewhere specified or included. The duty rate will be 15.1 percent ad valorem.

The applicable subheading for the woven fabric designated as style “100% Cotton Slub Duck” will be 5209.39.0060, 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, duck, except plain weave. The duty rate will be 8.4 percent ad valorem.

The applicable subheading for the woven fabric designated as style “1.75 Inch Check 100% Cotton Handloom” will be 5209.41.3000, 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, plain weave, certified hand-loomed fabrics. The duty rate will be 3.3 percent ad valorem.

Style W1095 falls within textile category designation 414. Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

Style “100% Cotton Slub Duck” falls within textile category designation 219. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa. Styles A400021/A033 and “1.75 Inch 100% Cotton Handloom” are not subject to either quota restraints or visa requirements.

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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