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NY L85831




August 30, 2005

CLA-2-58:RR:NC:TA:352 L85831

CATEGORY: CLASSIFICATION

TARIFF NO.: 5801.23.0000

Mr. Sandy PU
YU &YU Corp.
9460 Telstar Avenue, Unit 5
El Monte, CA 91731

RE: The tariff classification of a cotton/spandex blend woven fabric of weft pile construction from China.

Dear Mr. Pu:

In your letter dated June 23, 2005 you requested a classification ruling.

The submitted sample, designated as style # 3121, is a dyed woven fabric of cut weft pile construction. Laboratory analysis indicates that this product is composed of 98% cotton and 2% spandex with the cut pile yarns composed wholly of cotton. Weighing approximately 246.5 g/m2, this item will be manufactured in widths exceeding 30 centimeters. You indicate that the fabric will be used in the manufacture of jackets and pants. Although your correspondence indicates that this fabric is a 35 wale corduroy, the laboratory has found that this product has a construction that is not consistent with corduroy.

The applicable subheading for the woven fabric of cut weft pile construction designated as style 3121 will be 5801.23.0000, 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, other weft pile fabrics. The duty rate will be 10 percent ad valorem.

This fabric falls within textile category designation 224. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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