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NY I82646





June 4, 2002

CLA-2-52:RR:NC:TA:352 I82646

CATEGORY: CLASSIFICATION

TARIFF NO.: 5209.32.0020; 5209.43.0030

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

RE: The tariff classification of three cotton/spandex twill woven fabrics from Hong Kong or China.

Dear Mr. Awana:

In your letter dated May 22, 2002, on behalf of your client L.M.J. & Associates, Inc., you requested a classification ruling.

Three samples of twill woven fabric accompanied your request for a ruling. The first, designated as style SDS 2 “Stretch Denim Stripe”, is a 2 X 1 twill woven fabric composed of 98% cotton and 2% filament spandex. It contains 28 warp ends per centimeter and 17 filling picks per centimeter. This product is manufactured with 7/1 c.c. yarns in the warp and 20/2 c.c. yarns gimped around 70 denier filament spandex yarns in the filling. This fabric has a bleached filling and a warp composed of groups of bleached yarns alternating with groups of blue dyed yarns creating a vertical stripe in this item. Weighing 405 g/m2, this fabric will be imported in 130 centimeter widths.

Style ST10 “Stretch Twill” is a dyed 3 X 1 twill woven fabric composed of 97% cotton and 3% filament spandex. It contains 35 single yarns per centimeter in the warp and 17 single yarns per centimeter in the filling. The warp is constructed using 10/1 c.c. yarns while the weft is manufactured with core spun yarns with the core composed of a spandex monofilament encased in cotton fiber. Weighing 337 g/m2, this product will be imported in 130 centimeter widths.

Style SJON “Stretch Fine Twill” is a dyed 2 X 1 twill woven fabric composed of 97% cotton and 3% filament spandex. It contains 35 single yarns per centimeter in the warp and 21 single yarns per centimeter in the filling. Weighing 226 g/m2, this item will be imported in 131 centimeter widths.

The applicable subheading for the twill woven fabric designated as style SDS2 “Stretch Denim Stripe” will be 5209.43.0030, 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, other fabrics of 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.5 percent ad valorem.

The applicable subheading for the twill woven fabrics designated as styles ST10 “Stretch Twill” and SJON “Stretch Fine Twill” will be 5209.32.0020, 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, dyed, 3-thread or 4-thread twill, including cross twill, not napped. The duty rate will be 8.5 percent ad valorem.

Style SDS2 falls within textile category designation 218. Based upon international textile trade agreements products of China and Hong Kong are subject to quota and the requirement of a visa.

Styles ST10 and SJON fall within textile category designation 317. Based upon international textile trade agreements products of China and 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.

Sincerely,

Robert B. Swierupski
Director,

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