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March 5, 1999

CLA-2-52:RR:NC:TA:352 D88408


TARIFF NO.: 5209.42.0080

Mr. Jon R. Weiner
Cone Mills Corporation
3101 N. Elm Street
Greensboro, NC 27408

RE: The tariff classification of 100% cotton denim fabrics from India.

Dear Mr. Weiner:

In your letter dated February 24, 1999 you requested a classification ruling.

Six samples, designated as styles Prodigal Black Sort No. 506 Item No. 5110D, Caravan Camel Brown Sort No. 518 Item No. 5110M, Caravan Dust Brown Sort No. 109 Item No. 5110N, Caravan Ash Sort No.508 Item No. 5110F, Caravan Green Sort No. 509 Item No. 5110H and Caravan Light Ash Sort No. 515 Item No. 5110 E, accompanied your request for a ruling. Each of the fabrics is identical in construction and vary only as to the color that the warp yarns have been dyed. Each of the fabrics is characterized by a 3X1 warp face twill weave and is composed of 100% cotton. These fabric contain 27.95 single yarns per centimeter in the warp and 16.54 single yarns per centimeter in the filling. They are manufactured using 7/1 c.c. yarns in the warp and 6/1 c.c. yarns in the filling. Weighing 491.7 g/m2, these products will be imported in 151 centimeter widths. These fabrics have had their warp yarns dyed a single color and have filling yarns that are unbleached or bleached.

The applicable subheading for all the twill woven fabrics will be 5209.42.0080, 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, of yarns of different colors, denim, other denim, weighing more than 360 g/m2. The duty rate will be 8.6 percent ad valorem.

All these fabrics fall within textile category designation 218. Based upon international textile trade agreements products of India are subject to quota and the requirement of a visa.

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. 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 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 212-637-7092.


Robert B. Swierupski

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