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NY M84046




July 11, 2006

CLA-2-55:RR:NC:55:352 M84046

CATEGORY: CLASSIFICATION

TARIFF NO.: 5513.21.0020

Ms. Nichole A. Allen
VF Imagewear, Inc.
545 Marriott Drive, Suite 200
Nashville, TN 37214

RE: The tariff classification of a polyester/cotton blend dyed plain woven fabric from Malaysia

Dear Ms. Allen:

In your letter dated June 5, 2006 you requested a tariff classification ruling.

The submitted sample, designated as style “TC Broadcloth BR 35”, is a dyed plain woven fabric composed of 65% staple polyester and 35% cotton. It contains 55.12 single yarns per centimeter in the warp and 28.35 single yarns per centimeter in the filling. This product has been constructed using 45/1 c.c. yarns in both the warp and the filling. Weighing 118 g/m2, this fabric will be produced in 148 centimeter lengths. Based on the data provided, the average yarn number for this item has been calculated to be 70 in the metric system.

The applicable subheading for the plain woven fabric will be 5513.21.0020, Harmonized Tariff Schedule of the United States (HTSUS), 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, dyed, of polyester staple fibers, plain weave, poplin or broadcloth. The duty rate will be 14.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling and a ruling on the eligibility for reduced duty under CAFTA for the men’s and women’s woven shirts made from this fabric and manufactured in Honduras. Your request for a classification ruling should include a sample of each item as well as a complete description of each step in the manufacturing process. In addition, you should specify where each material included in the shirts is manufactured. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. It should be noted that the fabric which you have included does not appear to conform with the specifications of any of the fabric designated in U.S. Note 20(a) to chapter 98 Subchapter XXII. Item 7 in that note describers a fabric which is very similar, however, it requires that the average yarn number exceed 70. Since the average yarn number as calculated from the data you provided is 70, it fails to match the specifications required by that provision.

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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