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

NY J82186 April 10, 2003 CLA-2-52:RR:NC:TA:352 J82186 CATEGORY: Classification TARIFF NO.: 5209.32.0020; 5210.32.0000; 5208.53.0000; 5210.51.4040; 5208.52.3045; 5208.43.0000 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. Five samples of woven fabric and construction specifications for one woven fabric accompanied your request for a ruling. The first submitted sample, designated as Cotton Twill 128 X60, is a dyed 3 X1 twill woven fabric composed of 100% cotton. The sample does not match the specifications on the data sheet and we will therefore provide the classification of the submitted sample. The sample contains 50.4 single yarns per centimeter in the warp and 23.6 single yarns per centimeter in the filling. Weighing 243 g/m2, this item will be produced in 109 centimeter widths. Based on the an analysis of the submitted sample, the average yarn number for this product has been calculated to be 30 in the metric system. The item designated as CVC 55/45 Twill 130X70, is said to be a dyed twill woven fabric. Although no sample accompanied this request and the specific fiber content is not provided, the description of the fabric as CVC 55/45 usual implies that the fiber composition of the fabric is characterized by cotton predominating by weight with the secondary fiber in the mixture a man-made fiber usually polyester. Based on this assumption, the fabric is composed of 55% cotton and 45% staple polyester. It contains 51.2 single yarns per centimeter in the warp and 27.6 single yarns per centimeter in the filling. Weighing 157 g/m2, this fabric will be produced in 145 centimeter widths. The sample designated as Cotton Twill 108X58 is a printed 3X1 twill woven fabric composed of 100% cotton. The fabric is characterized by a printed stripe design. It contains 42.5 single yarns per centimeter in the warp and 22.8 single yarns per centimeter in the filling. Weighing 176 g/m2, this product will be produced in 109 centimeter widths. The sample designated as CVC 80/20 Flannel 42X44 is a printed plain woven fabric. It is characterized by having been brushed on one side and printed with a check pattern. Although no specific fiber content was stated, CVC 80/20 implies that the fabric is composed of a mixture of cotton and another fiber. The second fiber in the mixture is most often polyester and we will assume that the fiber content of this fabric is 80% cotton and 20% staple polyester. The fabric contains 16.5 single yarns per centimeter in the warp and 17.3 single yarns per centimeter in the filling. Weighing 132 g/m2, this product will be produced in 109 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 25 in the metric system. The sample designated as Cotton Flannel 42X44 is a printed plain woven fabric composed of 100% cotton. It is characterized by having been brushed on one side and printed with a check pattern. The fabric contains 16.5 single yarns per centimeter in the warp and 17.3 single yarns per centimeter in the filling. Weighing 132 g/m2, this product will be produced in 109 centimeter widths. Based on the data provided, the average yarn number for this fabric has been calculated to be 25 in the metric system. The sample designated as Cotton Y/D Flannel 64X54 is a 2X2 even sided twill woven fabric composed of 100% cotton. It is manufactured using yarns of different colors and has been brushed on one side creating a dense fibrous surface. This product contains 25.2 single yarns per centimeter in the warp and 21.3 single yarns per centimeter in the filling. Weighing 136 g/m2, this item will be produced in 145 centimeter widths. The applicable subheading for the dyed twill woven fabric designated as Cotton Twill 128X60 will be 5209.32.0020, 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, 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.4 percent ad valorem. The applicable subheading for the dyed twill woven fabric designated as CVC 55/45 Twill 130X70 will be 5210.32.0000, 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, 3-thread or 4-thread twill, including cross twill. The duty rate will be 10.1 percent ad valorem. The applicable subheading for the printed twill woven fabric designated as Cotton Twill 108X58 will be 5208.53.0000, 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, 3-thread or 4-thread twill, including cross twill. The duty rate will be 9 percent ad valorem. The applicable subheading for the printed plain woven fabric designated as CVC 80/20 Flannel 42X44 will be 5210.51.4040, 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, printed, plain weave, of number 42 or lower number, sheeting. The duty rate will be 10 percent ad valorem. The applicable subheading for the printed plain woven fabric designated as Cotton Flannel 42X44 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 twill woven fabric of yarns of different colors designated as Cotton Y/D Twill 64X54 will be 5208.43.0000, 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, of yarns of different colors, 3-thread or 4-thread twill, including cross twill. The duty rate will be 1 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. The dyed and printed fabrics designated as Cotton Twill 128X60, CVC 55/45 Twill 130X70 and Cotton Twill 108X58 fall within textile category designation 317. The printed plain woven fabrics designated as CVC 80/20 Flannel 42X44 and Cotton Flannel 42X44 fall within textile category designation 313. The twill woven fabric of yarns of different colors designated as Cotton Y/D Flannel 64X54 falls within textile category designation 218. 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, National Commodity Specialist Division