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NY H83493

July 17, 2001

CLA-2-52:RR:NC:TA:352 H83493


TARIFF NO.: 5210.41.8000

Ms. Joan Cirasola
Micra Co.
167-14 146th Road
Jamaica, NY 11434

RE: The tariff classification of a cotton/polyester/spandex blend plain woven fabric of yarns of different colors from China.

Dear Ms. Cirasola:

In your letter dated July 12, 2001, on behalf of your client Logantex, Inc., you requested a classification ruling.

The submitted sample, designated as a “Cotton/Poly Stretch Poplin”, is a plain woven fabric composed of 60% cotton, 36% filament polyester and 4% filament spandex. Our examination of this product indicates that it contains 62 warp ends and 28 filling picks and is manufactured with yarns of different colors. It is constructed with 40/1 c.c. cotton yarns in the warp and two ply yarns consisting of a 75 denier polyester filament yarn twisted with a 40 denier filament spandex yarn in the filling. Weighing approximately 117 g/m2, this fabric will be imported in 110 centimeter widths. Based on the data provided and our examination of the fabric, the average yarn number for this product has been calculated to be 100 in the metric system.

The applicable subheading for the plain woven fabric will be 5210.41.8000, 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, of yarns of different colors, plain weave, of number 69 or higher number. The duty rate will be 15.5 percent ad valorem.

This fabric falls within textile category designation 218. Based upon international textile trade agreements products of China are 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 212-637-7092.


Robert B. Swierupski

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