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NY I82019

June 20, 2002

CLA-2-52:RR:NC:TA:352 I82019


TARIFF NO.: 5211.49.0090

Mr. Denni Awana
Inter-Orient Services
1455 Monterey Pass Road, Suite #205
Monterey Park, CA 91754

RE: The tariff classification of five cotton/polyester/spandex blend woven fabrics of yarns of different colors from Hong Kong.

Dear Mr. Awana:

In your letter dated May 21, 2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.

Five samples of woven fabric designated as style SCGN and further identified by color as “Olive”, “Glacier”, “Sable Brown”, “Black” and “Follies Nights”. Each of the fabric is identical in fiber content and construction and varies only as to the colors of the yarns. These fabrics are woven with a complex interlacing pattern characterized by a herringbone design. They are composed of 75% cotton, 23% filament polyester and 2% filament spandex. Each of the fabrics contains 34 warp ends per centimeter and 21 filling picks per centimeter. They are constructed using 10/1 c.c. cotton yarns in the warp and gimped three ply yarns in the filling consisting of two 150 denier filament polyester yarns gimped around a 70 denier spandex monofilament. Weighing 325 g/m2, these fabrics will be imported in 127 centimeter widths. Each of the fabrics has been cross dyed with the warp yarns being dyed a single dark color and the filling a lighter shade of that color resulting in a fabric of yarns of different colors.

The applicable subheading for the five woven fabrics designated as style SCGN will be 5211.49.0090, 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 more than 200 g/m2, of yarns of different colors, other fabrics, other. The duty rate will be 8.4 percent ad valorem.

All five woven fabrics fall within textile category designation 218. Based upon international textile trade agreements products of Hong Kong 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 646-733-3045.


Robert B. Swierupski

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