The tariff classification of four dyed and bleached plain woven fabrics from an unspecified country.

NY J82187 April 4, 2003 CLA-2-55:RR:NC:TA:352 J82187 CATEGORY: Classification TARIFF NO.: 5513.21.0020; 5513.11.0020; 5210.31.8020 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 four dyed and bleached plain woven fabrics from an unspecified country. Dear Mr. Maxwell: In your letter dated February 26, 2003 you requested a tariff classification ruling. Three samples of woven fabric and specifications for a fourth fabric accompanied your request for a ruling. The first sample, designated as T/C 65/35 Broadcloth 110 X 76, is a dyed plain woven fabric composed of 65% staple polyester and 35% cotton. It contains 43.3 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. This product is constructed using 45/1 c.c. yarns in both the warp and the filling. Weighing 103 g/m2, this fabric will be manufactured in 145 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 71 in the metric system. The sample designated as T/C 65/35 Broadcloth 133 X 72, is a bleached plain woven fabric composed of 65% staple polyester and 35% cotton. It contains 52.4 single yarns per centimeter in the warp and 28.4 single yarns per centimeter in the filling. This product is constructed using 45/1 c.c. yarns in both the warp and the filling. Weighing 116 g/m2, this fabric will be manufactured in 145 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 69 in the metric system. The item designated as CVC 55/45 Broadcloth 110 X 76, is a dyed plain woven fabric. No sample was provided however our ruling will be based on the data provided alone. Although not expressly stated, in general, a fabric designated as CVC is a fabric in which cotton predominates by weight and is mixed solely with polyester. In this case the fabric is presumed to be composed of 55% cotton and 45% staple polyester. It contains 43.3 single yarns per centimeter in the warp and 29.9 single yarns per centimeter in the filling. This product is constructed using 45/1 c.c. yarns in both the warp and the filling. Weighing 103 g/m2, this fabric will be manufactured in 145 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 71 in the metric system The sample designated as CVC 55/45 Broadcloth 133 X 72, is a dyed plain woven fabric. Although not expressly stated, in general, a fabric designated as CVC is a fabric in which cotton predominates by weight and is mixed solely with polyester. In this case the fabric is presumed to be composed of 55% cotton and 45% staple polyester. It contains 52.4 single yarns per centimeter in the warp and 28.4 single yarns per centimeter in the filling. This product is constructed using 45/1 c.c. yarns in both the warp and the filling. Weighing 117 g/m2, this fabric will be manufactured in 145 centimeter widths. Based on the data provided the average yarn number for this fabric has been calculated to be 69 in the metric system The applicable subheading for the fabric designated as T/C 65/35 Broadcloth 110X76 will be 5513.21.0020, 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, dyed, of polyester staple fibers, plain weave, poplin or broadcloth. The rate of duty will be 15.1 percent ad valorem. The applicable subheading for the fabric designated as T/C 65/35 Broadcloth 133X72 will be 5513.11.0020, 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, unbleached or bleached, of polyester staple fibers, plain weave, poplin or broadcloth. The rate of duty will be 15.1 percent ad valorem. The applicable subheading for the two fabrics designated as CVC 55/45 Broadcloth 110X76 and CVC 55/45 Broadcloth 133X72 will be 5210.31.8020, 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, plain weave, of number 69 or higher number, poplin or broadcloth. The rate of duty will be 15.5 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. The fabrics designated as T/C 65/35 Broadcloth 110X76 and T/C 65/35 Broadcloth 133X72 fall within textile category designation 614. The fabrics designated as CVC 55/45 Broadcloth 110X76 and CVC 55/45 Broadcloth 133X72 fall within textile category designation 314. 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