The tariff classification of two dyed 100% cotton woven fabrics from China.

N005746 February 6, 2007 CLA-2-52:RR:NC:TA:352 CATEGORY: Classification TARIFF NO.: 5209.39.0060; 5209.39.0080 Ms. Sherri Desjardins UPS Trade Management Services, Inc. 600 Fritz Drive Coppell, Texas 75019 RE: The tariff classification of two dyed 100% cotton woven fabrics from China. Dear Ms. Desjardins: In your letter dated January 16, 2007, on behalf of your client Carhartt Incorporated you requested a classification ruling. The portions of the samples not destroyed in analysis are being returned as requested. Two samples of woven fabric accompanied your request for a ruling. The first, designated as style # CV002, is a dyed 2 X 2 basket woven fabric composed of 100% cotton. It contains 45.7 single yarns per centimeter in the warp and 24.4 single yarns per centimeter in the filling. It is constructed using 16/1 c.c. yarns in the warp and 12/1 c.c. yarns in the filling. Weighing approximately 310 g/m2, this fabric will be imported in 170 centimeter widths. Based on the data submitted and our examination of the submitted sample, the average yarn number for this product has been calculated to be 22 in the metric system. Your correspondence indicates that this item will be used in the manufacture of garments. The sample designated as style # DU008 is a dyed 100% cotton fabric woven as a plain weave except that each group of two warp ends is woven as one (taped warp). It contains 86 single yarns per centimeter in the warp and 56 single yarns per centimeter in the filling. This fabric is constructed using 16/1 c.c. yarns in the warp and 2 ply yarns in the filling. Weighing 420 g/m2, this item will be imported in 173 centimeter widths. Based on the data submitted and our examination of the submitted sample, the average yarn number for this product has been calculated to be 13 in the metric system. Your correspondence indicates that this fabric will be used in the manufacture of garments. The applicable subheading for the basket woven fabric designated as style # CV002 will be 5209.39.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, dyed, other fabrics, other, of a width exceeding 127 centimeters. The duty rate will be 8.4 percent ad valorem. The applicable subheading for the woven fabric with the taped warp designated as style # DU008 will be 5209.39.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, dyed, other fabrics, duck, except plain weave duck. The duty rate will be 8.4 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/. Style # CV002 falls within textile category 220 while style # DU008 falls within textile category 219. At the present time goods produced in China that fall either within textile category 219 or 220 are not subject to either quota restraints or visa requirements. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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, National Commodity Specialist Division