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NY J82755




June 6, 2003

CLA-2-58:RR:NC:TA:352 J82755

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.22.9000

Mr. Daniel Gazitna
Perry Ellis International
3000 NW 107 Avenue
Miami, Florida 33172

RE: The tariff classification of a 100% cotton weft cut pile corduroy fabric from China.

Dear Mr. Gazitna:

In your letter dated March 19, 2003 you requested a classification ruling.

Laboratory analysis of the submitted sample, designated as “19 Wale Corduroy”, indicates that it is a 100% cotton weft cut-pile fabric of corduroy construction. This product has been dyed a single uniform color and is characterized by having 7.3 wales per centimeter. Weighing 247.2 g/m2 this product will be imported in widths exceeding 30 centimeter.

The applicable subheading for the corduroy fabric 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.

This corduroy fabric falls within textile category designation 224. 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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.

Your correspondence also asks whether the fabric presented for classification may be of the type eligible for preferential treatment under Title II of the Trade and Development Act of 2000 (United States-Caribbean Basin Trade Partnership Act (CBPTA)). We note that certain provisions of the CBTPA were amended by the Trade Act of 2002. The provisions implementing the textile provisions of the CBTPA in the Harmonized Tariff Schedule of the United States (HTSUS) are contained, for the most part, in subchapter XX, Chapter 98, HTSUS. The provision to which you refer is subheading 9820.11.24, HTSUS, which provides for:

Apparel articles both cut (or knit-to-shape) and sewn or otherwise assembled in one or more [beneficiary Caribbean Basin Trade Partnership countries] from fabrics or yarn that is not formed in the United States or in one or more such (beneficiary) countries, provided that such apparel articles of such fabrics or yarn would be considered an originating good under the terms of general note 12(t) to the tariff schedule without regard to the source of the fabric or yarn if such apparel article had been imported from the territory of Canada or the territory of Mexico directly into the customs territory of the United States.

Chapter rule 2, Chapter 62, General Note 12(t), HTSUS, provides, in pertinent part:

Apparel goods of this chapter shall be considered to originate if they are both cut and sewn or otherwise assembled in the territory of one or more of the NAFTA parties and if the fabric of the outer shell, exclusive of collars or cuffs, is wholly of one or more of the following:

(B) Corduroy fabrics of subheading 5801.22, containing 85 per cent or more by weight of cotton and containing more than 7.5 wales per centimeter;

Since the fabric referred to in this ruling is not listed in Chapter rule 2, Chapter 62, General Note 12(t), HTSUS, as a fabric which may be used in the production of originating apparel under NAFTA provided the fabrics wholly form the outer shell, exclusive of collars or cuffs, this fabric would not qualify for preferential treatment under subheading 9819.11.21, HTSUS.

However, apparel articles both cut and sewn or otherwise assembled in one or more CBTPA beneficiary countries from fabric that is not formed in the United States may be eligible for preferential treatment if an interested party requests the President to proclaim that fabric or yarn as eligible for preferential treatment. Such a request should be sent to Chairman, Committee for the Implementation of Textile Agreements, Room H3100, Department of Commerce, 14th and Constitution Avenue, NW, Washington, D.C. 20230. The basis of the request must be that the requester believes that the yarn or fabric cannot be supplied by the domestic industry in commercial quantities in a timely manner.

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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