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NY J82188

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April 9, 2003

CLA-2-52:RR:NC:TA:352 J82188

CATEGORY: CLASSIFICATION

TARIFF NO.: 5208.32.3040; 5208.52.3045; 5210.39.6020; 5210.41.8000; 5513.31.0000; 5801.22.9000

Mr. Robert Maxwell
Leo Garments (Pty) Ltd.
P.O. Box 111
1 Avenue Plot 482 (South West)
Matsapha Industrial Site
Matsapha, Swaziland

RE: The tariff classification of six woven fabrics from an unspecified country.

Dear Mr. Maxwell:

In your letter dated February 26, 2003 you requested a classification ruling.

Four samples and data on two additional woven fabrics accompanied your request for a ruling. The first item, designated as Cotton Sheeting 60X60, is according to the data provided, a dyed plain woven fabric composed of 100% cotton. It contains 23.6 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. Although no sample was provided and the weight of the fabric was not stated, we estimate, based on the other data elements, that this product weighs approximately 137 g/m2. Your correspondence indicates that this product will be produced in 109 centimeter widths. Based on the information provided, the average yarn number for this fabric has been calculated to be 34 in the metric system.

The second item, designated as Cotton Sheeting 60X60, is according to the data provided a printed plain woven fabric composed of 100% cotton. It contains 23.6 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. Although no sample was provided and the weight of the fabric was not stated, we estimate, based on the other data elements, that this product weighs approximately 137 g/m2. Your correspondence indicates that this product will be produced in 109 centimeter widths. Based on the information provided, the average yarn number for this fabric has been calculated to be 34 in the metric system.

The submitted sample designated as CVC 55/45 Oxford 101X50 is a dyed fabric woven as plain weave except that each group of two warp ends are woven as one (taped warp). Although not expressly stated the designation CVC 55/45 in general indicates a fiber mixture in which cotton predominates by weight and that polyester constitutes the other fiber in the mixture. In this case it is assumed that the fabric is composed of 55% cotton and 45% staple polyester. It contains 39.8 single yarns per centimeter in the warp and 19.7 single yarns per centimeter in the filling. The submitted sample weighed 125 g/m2 and will be produced in 107 centimeter widths. Based on the data provided as well as the information developed by examining the sample, the average yarn number for this product has been calculated to be 47 in the metric system

The sample designated as CVC 55/45 Gingham 90X70 is a plain woven fabric constructed with yarns of different colors. Although not expressly stated the designation CVC 55/45 in general indicates a fiber mixture in which cotton predominates by weight and that polyester constitutes the other fiber in the mixture. In this case it is assumed that the fabric is composed of 55% cotton and 45% staple polyester. This product contains 35.4 single yarns per centimeter in the warp and 27.6 single yarns per centimeter in the filling. Weighing 87 g/m2, this fabric will be produced in 145 centimeter widths. Based on the data provided the average yarn number for this item has been calculated to be 72 in the metric system.

The sample designated as T/C 65/35 Gingham 90X70 is a plain woven fabric constructed of yarns of different colors. It is composed of 65% staple polyester and 35% cotton. This item contains 35.4 single yarns per centimeter in the warp and 27.6 single yarns per centimeter in the filling. Weighing 89 g/m2, this product will be produced in 145 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 70 in the metric system.

The sample designated as Cotton Corduroy 44X134 is a dyed corduroy fabric of woven weft cut pile construction. It is composed of 100% cotton and is characterized by having 6 wales per centimeter. Weighing 217 g/m2, this fabric will be produced in 109 centimeter widths.

The applicable subheading for the plain woven dyed fabric designated as Cotton Sheeting 60X60 will be 5208.32.3040, 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, dyed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, sheeting. The duty rate will be 7.3 percent ad valorem.

The applicable subheading for the plain woven printed fabric designated as Cotton Sheeting 60X60 will be 5208.52.3045, 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, printed, plain weave, weighing more than 100 g/m2, other, of number 42 or lower number, sheeting, other. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the dyed woven oxford fabric designated as CVC 55/45 Oxford 101X50 will be 5210.39.6020, 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 not more than 200 g/m2, dyed, other fabrics, other, of numbers 43 to 68, oxford cloth. The duty rate will be 12.2 percent ad valorem.

The applicable subheading for the plain woven fabric of yarns of different colors designated as CVC 55/45 Gingham 90X70 will be 5210.41.8000, 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 not more than 200 g/m2, of yarns of different colors, plain weave, of number 69 or higher number. The duty rate will be 15.5 percent ad valorem.

The applicable subheading for the plain woven fabric of yarns of different colors designated as T/C 65/35 Gingham 90X70 will be 5513.31.0000, 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, of yarns of different colors, of polyester staple fibers, plain weave. The duty rate will be 15.1 percent ad valorem.

The applicable subheading for the cotton corduroy fabric designated as Cotton Corduroy 44X134 will be 5801.22.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for woven pile fabrics and chenille fabrics, other than fabrics of heading 5802 or 5806, of cotton, cut corduroy, other. The duty rate will be 20.5 percent ad valorem.

Although your request for a ruling was merely to ascertain the classification of the submitted fabrics under the HTS for the purpose of determining whether the fabrics have already been designated as short supply fabrics under AGOA, such fabrics if imported into the United States may be restricted as to quantity by various bilateral textile agreements depending on the country of origin. Both the dyed and printed fabrics designated as Cotton Sheeting 60X60 fall within textile category designation 313. The fabric designated as CVC 55/45 Oxford 101X50 falls within textile category designation 227. The fabrics designated as CVC 55/45 Gingham 90X70 and T/C 65/35 Gingham 90X70 fall within textile category designation 218. The fabric designated as Cotton Corduroy 44X134 falls within textile category designation 224. Based upon international textile trade agreements products of certain countries may be 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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See also:

• Tariff No.: 5208.32.30 - Dyed plain weave fabrics of cotton, nesoi, 85% or more cotton by weight, over 100 g/m2 but not more than 200 g/m2, of number 42 or lower
• Tariff No.: 5208.52.30 - Printed plain weave fabrics of cotton, 85% or more cotton by weight, weighing over 100g/m2 but not more than 200 g/m2, of number 42 or lower
• Tariff No.: 5210.39.60 - Dyed woven fabrics of cotton, nesoi, < 85% cotton by weight, mixed mainly/solely w/man-made fibers, not over 200 g/m2, of numbers 43-68
• Tariff No.: 5210.41.80 - Plain weave cotton fabrics, < 85% cotton by wt, mixed mainly/solely w/mm fibers, n/o 200 g/m2, number 69 or higher, of yarn of diff colors
• Tariff No.: 5513.31.00 - Woven fabrics of poly staple fib,< 85% polyester staple fibers,mixed mainly/solely w/cotton,n/o 170 g/m2,plain weave,of yarns of dif. colors
• Tariff No.: 5801.22.90 - Cut corduroy woven pile fabrics of cotton, less than 7.5 wales per cm, other than fabrics of heading 5802 or 5806