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NY 858539

DEC 12 1990

CLA-2-52:S:N:N3H:352 858539


TARIFF NO.: 5209.43.0020

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of 100% cotton twill woven fabric from Hong Kong.

Dear Ms. Cumins:

In your letter dated December 4, 1990, on behalf of your client H. Cotler Co., Inc., you requested a classification ruling.

The submitted sample, identified as style No. 011-09, is a 100% cotton, 4-thread twill woven fabric. It contains 28 single threads per centimeter in the warp and 17 single threads per centimeter in the filling. The fabric is constructed using 10/1 c.c. threads in the warp and 7/1 c.c. yarns in the filling. The warp yarns are dyed blue while the filling yarns are neither bleached nor dyed. The fabric is woven with a 2/2 cross twill. Weighing 350 g/m2, it will be imported in 125 centimeter widths.

Your letter suggests that you believe that this fabric is classifiable as blue denim in subheading 5209.42.0020, Harmonized Tariff Schedules of the United States (HTS). Note 1 to Chapter 52 states:

For the purposes of subheading 5209.42 and 5211.42, the expression "blue denim" means fabric of 3-thread or 4-thread twill, including broken twill, warp faced, the warp yarns of which are dyed blue and the weft yarns of which are unbleached, bleached, dyed grey or colored a lighter shade of blue than that of the warp yarns.

Since style No. 011-09 is woven with a 2/2 twill, it has an equal proportion of warp yarns and weft yarns on its face and, therefore, is not considered to be warp faced. In view of this, this fabric cannot be classified as "blue denim" since it fails to meet the definition in Note 1 to Chapter 52.

The applicable subheading for the fabric designated as style No. 011-09 will be 5209.43.0020, HTS, which provides for woven fabrics of cotton, containing 85 percent or more by weight of cotton, weighing more than 200 g/m2, of yarns of different colors, other fabrics of 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.9 percent ad valorem.

The twill woven fabric falls within textile category designation 218. Based upon international textile trade agreements, products of Hong Kong are subject to export license requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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