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NY J80005





January 23, 2003

CLA-2-52:RR:NC:TA:352 J80005

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.29.0060; 5209.39.0060; 5209.19.0060; 5209.59.0060

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

RE: The tariff classification of five 100% cotton woven fabrics from India.

Dear Mr. Brooks:

In your letter dated December 31, 2002 you requested a classification ruling.

Five samples of woven fabric accompanied your request for a ruling. The first, designated as “100% Cotton Bleached Duck”, is a bleached woven fabric composed of 100% cotton. 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 33 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. It is constructed using 10/1 c.c. yarns in the warp and 6/1 c.c. yarns in the filling. Weighing 311 g/m2, this item will be imported in 140 centimeter widths. Based on the data provided the average yarn number of this fabric has been calculated to be 14 in the metric system.

Style “100% Cotton Dyed Duck”, is a dyed woven fabric composed of 100% cotton. 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 33 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. It is constructed using 10/1 c.c. yarns in the warp and 6/1 c.c. yarns in the filling. Weighing 311 g/m2, this item will be imported in 140 centimeter widths. Based on the data provided the average yarn number of this fabric has been calculated to be 14 in the metric system.

Style “100% Cotton Grey Duck”, is a greige woven fabric composed of 100% cotton. 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 33 single yarns per centimeter in the warp and 11 single yarns per centimeter in the filling. It is constructed using 10/1 c.c. yarns in the warp and 6/1 c.c. yarns in the filling. Weighing 311 g/m2, this item will be imported in 140 centimeter widths. Based on the data provided the average yarn number of this fabric has been calculated to be 14 in the metric system.

Style “100% Cotton Printed Duck”, is a printed woven fabric composed of 100% cotton. 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 33 single yarns per centimeter in the warp and 11 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 210 g/m2, this item will be imported in 140 centimeter widths. Based on the data provided the average yarn number of this fabric has been calculated to be 20 in the metric system.

Style “100% Cotton Dyed and Printed Duck”, is a printed woven fabric composed of 100% cotton. 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 33 single yarns per centimeter in the warp and 11 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 210 g/m2, this item will be imported in 140 centimeter widths. Based on the data provided the average yarn number of this fabric has been calculated to be 20 in the metric system.

The applicable subheading for the woven fabric designated as style “100% Cotton Bleached Duck” will be 5209.29.0060, 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, bleached, other fabrics, duck, except plain weave. The duty rate will be 7.7 percent ad valorem.

The applicable subheading for the woven fabric designated as style “100% Cotton Dyed 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 “100% Cotton Grey Duck” will be 5209.19.0060, 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, unbleached, other fabrics, duck, except plain weave. The duty rate will be 6.5 percent ad valorem.

The applicable subheading for the woven fabrics designated as styles “100% Cotton Printed Duck” and “100% Cotton Dyed and Printed Duck” will be 5209.59.0060, 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, printed, other fabrics, duck, except plain weave. The duty rate will be 8.4 percent ad valorem.

All five woven fabrics fall within textile category designation 219. Based upon international textile trade agreements products of India 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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